Attempts by Sinai fire victims to get justice slowly becoming cold

By SAM KIPLAGAT
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Kenyans were going about their usual businesses when tragedy struck a slum in Nairobi one rainy morning of September 12, 2011.

Sinai slum in Nairobi’s Eastlands area was consumed by a fierce inferno that left 100 people dead and many more injured, in one of the country’s worst fire tragedies.

CRUSHED HOPES

On the fateful morning, the slum dwellers had rushed to get free fuel from storm drains. But as they scooped the precious liquid, there was a huge explosion shortly after 9am, which blew off manhole covers, sending rivers of fire streaking into the slum.

By the time it was over, the rivers of fire had killed 100 people, injured 160 others. Some were burnt beyond recognition.

It was later discovered that a leak from the pipeline, which let out super petrol through storm drains into the slum, was all due to a broken gasket.


A few months later, the residents led by Governor Mike Sonko, then Makadara MP, filed a petition on behalf of the victims, seeking compensation from Kenya Pipeline Company, the County Government of Nairobi and China Petroleum Pipeline Bureau.

The case was, however, dismissed in 2017 as Justice Edward Mureithi crushed the hopes of 102 survivors. They claimed Sh25 billion as compensation.

The judge dismissed the case but sympathised with them saying that the case petition was not properly filed. According to the judge, each victim was required to prove individual loss as well as establishing liability for the court to grant the orders, they sought.

The judge, however, directed the county government to include Sinai settlement as part of the slum upgrading and prevention programmes with liberty to “relocate them or otherwise compensate them” in order to clear the Kenya Pipeline way-leave.



“It is not possible on the basis of the material before me to discern any failure on the part of the respondent to fulfil their constitutional obligations" the judge said.

But as Justice Mureithi dismissed the case, another matter, filed by 12 victims was pending before another judge.

TEST CASE

Justice Mbogholi Msagha had stayed several suits pending hearing and determination of the case, which was selected as a test case on liability of all suits arising from the tragedy.

The judge then directed that parties comply with pre-trial procedurals within 60 days from September 28, 2015. The matter was to be mentioned on November 30, 2015, to confirm compliance.

But after that, all went quiet until KPC filed an application seeking to strike out the matter accusing the residents of failing to prosecute the petition. The company argued that more than seven years since the tragedy, the slum dwellers had done nothing and the delay was greatly inconveniencing them due to witness unavailability and potential inaccuracy of the testimony due to passage of time.

In response to the application, the residents led by Mr Joseph Mwai, the chairman of Sinai Victims Group, told the court that the case was a representative suit that involved quite a number of persons who were affected by the tragedy. He said they were yet to get justice as KPC and other third parties blamed each other for the tragedy.

Mr Mwai also said they had sought assistance to secure documentation from the government but that their efforts had been frustrated.

Justice Jaqueline Kamau agreed that eight years since the unfortunate incident happened, the residents had done nothing. She said there were high chances of crucial witnesses leaving their employ and witnesses forgetting what exactly transpired then, as memories fade with time.

The judge said a case belongs to a plaintiff and it was his responsibility to progress the matter to ensure that the same is concluded expeditiously as required. Justice Kamau discounted claims that the residents were unable to get documents because there is nothing to prove that they had been unable to obtain them from relevant State offices.

DOCUMENTATION

“They appeared to have sat on their laurels and could not be waited on until they got their documentation,” she said.

The Judge, however, said after considering the submissions from all parties and the case law, it was her view that although the delay in prosecuting the case had been inordinate, inexcusable and it had the potential of prejudicing KPC, it was in the interests of justice that they be given another chance to prosecute the case.

She said being a test case, dismissing would leave all the other cases in limbo and thus prejudice many people who were not at fault.

Justice Kamau directed the victims to take steps immediately and prosecute the case without any further delay, failure to which the defendants will be at liberty to “seek appropriate orders from the court to safeguard their interests”.

During the tragedy, KPC lost more than Sh103 million in the incident, including the value of the fuel spilt, transportation of the spilt product, cost of environmental reinstatement, lost business opportunity, fire extinguishing foam, lost man hours and media expenses.