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{
    "id": 1549651,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1549651/?format=api",
    "text_counter": 367,
    "type": "speech",
    "speaker_name": "Sen. Sifuna",
    "speaker_title": "",
    "speaker": {
        "id": 13599,
        "legal_name": "Sifuna Edwin Watenya",
        "slug": "sifuna-edwin-watenya"
    },
    "content": "of Nairobi and obtain a business permit, saying they want to set up a shop somewhere there and they will go with that approval to NEMA, saying we are setting up a garage. In fact, this particular site had been registered as a garage and they did not even have a license from EPRA to operate a gas filling plant. So, that presence of multiple legal regulatory bodies and the fact that they do not coordinate and speak to each other when required, causes that complex web of responsibility, and it is very difficult to pin somebody down and say you are the person responsible. As I said, that LPG refilling plant in Mradi was registered as a garage and not an LPG facility. The county government of Nairobi disclaimed responsibility for any licenses that had been issued in this regard. However, you will see from our observations and recommendations that there was also very serious dereliction of duty on the part of the county government of Nairobi when it comes to enforcement and inspection. Temporary Speaker, Sir this complex web of many regulatory bodies led to the fact that this company in fact had a valid environmental impact license from NEMA, and the registration number is there, approving the installation of a 10-metric tonne LPG storage and filling plant. The committee noted, however, that the issuance of the environmental license did not absolve the company from its obligations to acquire other applicable permits and especially permits from EPRA. As a result of that incident, EPRA suspended all operational licenses issued to Maxxis Energy, who was the operator of this particular plant and cleared Mwiki Gas Suppliers. It further shut down 63 out of the 140 LPG storage and refilling plants located within a radius of 200 metres near residential areas due to high risk or risky technical audit score. Following re-inspection, 39 of those facilities were reopened, with some implementing safety measures like firewalls reducing the required distance from residential areas to about 35 metres. Very quickly, we made certain recommendations as a committee, and we are hoping that we will follow through after this House adopts the Report. The first recommendation we made was that the DCI must investigate how Maxxis Energy obtained an LPG storage and filling plant license, and those found culpable be charged in accordance with Section 99 of the Petroleum Act. In addition, the National Police Service (NPS) and Directorate of Criminal Investigation (DCI) should fast-track all pending criminal cases relating to non-compliance of LPG regulations. We also recommended that the Ministry of Energy must expedite the approval of the LPG Regulations of 2019, which have provided for more stringent compliance measures when it comes to operation of similar plants and all the licensing authorities, especially the county governments must enforce zoning boundaries prior to issuing any permits. Mr. Temporary Speaker, Sir, the Committee also recommended that no new petroleum facilities be licensed in residential neighborhoods. This matter was raised with the Governor of Nairobi during his appearance before the Committee last week. We urged him to address the proliferation of gas filling plants and petrol stations in residential areas. Such developments pose undue and unnecessary danger to the residents of Nairobi and other affected regions. The electronic version of the Senate Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Director, Hansard and AudioServices, Senate."
}