Sinai: NEMA puts Pipeline on the spot

NAIROBI, Kenya, Sep 15 – The National Environment Management Authority (NEMA) now says it will take action against the Kenya Pipeline Company for failing to put in place mitigation measures, leading to the oil spillage that caused a massive fire in Sinai slum in Nairobi on Monday.

NEMA said the Kenya Pipeline Company is squarely to blame for the disaster because it failed to observe environmental regulations, including clearing the wayleave of any human settlement.

“Enforcement action against KPC for non-compliance to EMCA 1999 and other environmental regulations will be instituted,” NEMA’s acting Director General Dr Ayub Macharia said in a statement.

The authority said Kenya Pipeline has not been carrying out annual Environmental Impact Assessment and audits to establish the status of their oil pipes, leading to the leakage that caused the Monday morning disaster.

“NEMA further wishes to state that if pre-requisite spill containment measures at the facility had been put in place, the product would not have gotten in to the surface runoff drains,” he added.

More than 100 people were killed when they rushed to scoop fuel after a pipeline leakage that spilled fuel into Sinai slum causing a massive fire.

At least 117 others are still admitted to the Kenyatta National Hospital with varied degrees of burns, many of them serious after they were rescued from the scene.

“If human settlements had been removed from the wayleave in the Sinai area, the incidences of human casualties and the magnitude of environmental damage would have been minimal,” Dr Macharia said after receiving a report by NEMA’s experts who have been investigating the matter.

The government has vowed to fully investigate the matter to establish the root cause of the problem, although the pipeline company maintains it is not to blame.

On Tuesday, Kenya Pipeline Company Managing Director Selest Kilinda claimed he dispatched adequate personnel immediately there was a spillover of fuel, but did not explain why the company had watched for years as slum dwellers encroached on oil pipelines.

“We do not take responsibility for the fire and the accident that happened after the spillage. We did our best to stop the fire from ravaging the property and the lives of the people and therefore we do not take responsibility,” he told a media conference as pressure mounted for the firm to state its position on the matter.
Kilinda argued that that the situation could have been catastrophic had his personnel not reacted as fast as they did.

According to the Environmental Impact Assessment (EIA) and Environmental Audit (EA) Regulations 2003 all petroleum handling facilities among others are required to undertake EIAs for new facilities and annual EA’s for existing facilities.

The EIAs and EAs are the ones that show mitigation measures put in place by factories and other industries to handle the risk of pollution which may arise from leaks and spills as well as system failures.

“NEMA has not received an environmental audit of the current KPC facility and therefore cannot ascertain the adequacy of mitigation measures within the facility,” the NEMA boss said, dismissing the pipeline company’s claims that its operations were above board.

NEMA’s regulations require that such organisations clear settlement near riparian areas, petroleum pipeline, power lines, sewer lines, railways, petroleum depots and relevant infrastructure is discouraged.

The Kenya Pipeline said it had over 21 million litres of fuel in their Nairobi station at the time of the incident, raising fears that the disaster could have been worsened were it not for the quick response from fire fighters.
An investigation report by the Kenya Pipeline and other government agencies is due in two weeks time.

Soon after the disaster on Monday, Energy Minister Kiraitu Murungi announced that the oil company would compensate all the victims, but the pipeline boss has contradicted him, insisting that they will not take responsibility.

Multiple interviews with residents of the Sinai slum revealed that they have been staying there for more than twenty years.

“I have stayed here since my children were small and now they have all married and they have their own children, how can I move from this place?” one resident Alfred Wafula who runs a food kiosk in the slum said.

Following the Monday incident, NEMA said it had directed the Kenya Pipeline to undertake risk assessments for all its facilities as well as an environmental audit of the pipeline from Mombasa to the last point of conveyance clearly indicating which sections will be given priority in replacement, mitigation measures put in place to ensure no leakages, spills or pipeline failure occur as well as the measures put in place while awaiting construction of a parallel line.

“NEMA has also issued restoration orders to KPC to restore the degraded environment especially the flora and fauna along the river as well as the contaminated soil,” the statement from the authority said.

BERNARD MOMANYI

BERNARD MOMANYI

Bernard is the News Editor at Capital FM. He commands over a decade of experience in news gathering having worked in both print and electronic media. He holds a BSc degree in Information Sciences from Moi University and is currently undertaking a Master of Arts degree in Communication Studies at the University of Nairobi.

  • Mbothujoel

    Blame game as usual, where was NEMA all this years? Is NEMA not responsibe to ensure compliance. If all they can do is to complain after a disaster, are we getting value for our money in maintaining such reactive authority. All we want is action not PR activities.

    • tommy

      What NEMA is actually confirming is the fact that there was a petroleum spill at the Pipeline facilities. Another fact that we all have to deal with is o the extent that, the spilt fuel got to the settlement via a series of storm/rain/waste water drains that cross through the settlement. A visit to the scene confirms the fact that, the main pipeline is actually some 300 to 400 meters from the disaster area and this goes to show that Kenya Pipeline is liable, either through negligence or whatever else you may like to call it. So, while building on top of a fuel pipeline is indeed dangerous and should be discouraged, discharging fuel through storm water drains pose equal or even far greater danger.

  • Idris.

    NEMA and the likes of mheshimiwa waititu are Not the ones to say anything about this disaster!!!!  And more man-made disasters are to follow n the future ….. 1,Railway passing kibera. 2.Wilson Airport due to encroachment and illegal buildings .3.Eastleigh Airbase due to land grabbing and tall building near the run away- kiambiu  4.  traffic police, hongo na psv drivers that is a norm .buses colliding daily .

  • OYUGZ

    NEMA SHOULD JUST CLOSE SHOP AND STOP WASTING TAX PAYERS MONEY

  • Apache

    NEMA  has massive powers that has simply been left to go to waste thus resulting to such uncalled for disasters. And why has the authority had an acting DG for over a year now? What is Michuki and Kaparo (the UDM politician) doing to recruit a substantive DG? Its a shame that a critical authority like NEMA should be allowed to go to waste!

  • Apache

    NEMA  has massive powers that has simply been left to go to waste thus resulting to such uncalled for disasters. And why has the authority had an acting DG for over a year now? What is Michuki and Kaparo (the UDM politician) doing to recruit a substantive DG? Its a shame that a critical authority like NEMA should be allowed to go to waste!

  • Muli_festus

    we are in a country where no one is guilty.People dying in the roads,illicit brews,hunger,fires,criminal activities e.t.c. Where are the relevant authorities?what we want is lasting sollutions to these problems.It’s so unfortunate to see our leaders shedding crocodile tears and showing ”sympathy”to the victims of their ignorance and irresponsibility.There is always a sollution to their  problems but no sollution to the problems affecting common mwananchi”THE POOR KENYANS”VERILY i say unto them that,the day of just judgement is coming.    

  • Muli_festus

    we are in a country where no one is guilty.People dying in the roads,illicit brews,hunger,fires,criminal activities e.t.c. Where are the relevant authorities?what we want is lasting sollutions to these problems.It’s so unfortunate to see our leaders shedding crocodile tears and showing ”sympathy”to the victims of their ignorance and irresponsibility.There is always a sollution to their  problems but no sollution to the problems affecting common mwananchi”THE POOR KENYANS”VERILY i say unto them that,the day of just judgement is coming.    

  • Isendili

    Another JOKE from Nema! if this was a nongovernment firm, Nema would have already shut it! If KPC did not submit annual audits, what does Nema do, sit in offices and wait for those willing to submit report? It is a BIG joke!  

    • Isendiwafula

      Really, why do we pay NEMA officers then!

  • Cornerbeef21

    WHO OR HOW DO THESE SLUMS START? AREN’T THESE SLUMS LOCATED ON GOVERNMENT LAND?

  • Apache

    Now NEMA has issued a restoration order to KPC – Just imagine that KPC should restore the filth that is Ngong river, and NEMA will be contended, yet all manner of effluent from sewage, industrial and agricultural waste are directed raw into the river. Can someone at NEMA explain the restoration order – restoration to what?

  • Kipkoechmr Antipah

    NEMA is trying to cheat the public,where were day in the past? you only wait a disaster to happen and then try to show that you symphatize the dead?

    • Max Swaleh

      NEMA is more than a joke! its B.S! its crap! its all sorts of bad names. Look at things they are concerned about…Loud music, fireworks, vuvuzelas! Leaving serious issues like when it rains the CBD fills with raw sewage, our rivers still flows raw sewage year in year out. Tree felling-our forets are disappearing at an alarming rate, dumpsites are growing faster than we can watch. Our “fresh rivers” are being drained by the wealthy to their farms, the lakes are contaminated….disband NEMA with NEMA with immediate effect and sue all its directors to bring all the cash they’ve been paid. Its like Harambee stars where you don’t perform & still you retain your position! There are experienced people out there but worse the tumor of corruption grows uncontrollably!

  • Rosekinuthia

    Kwendeni huko NEMA. Re-acting as opposed to acting. That is so lame!

  • Andrewnjeri

    Can someone tell NEMA to stop fooling Kenyans…… NEMA need to first deal with those destroying the enviroment under its watch before commenting on this painful issue….they only stay in their big offices only to talk when its too late. When people are told to clear the pipeline, railway line and power line wayleave, politicians incite them not to leave. Nema is just a sleeping dog…..

  • Petro2n

    NEMA is a big joke.Even without the exploded pipe take a look at the effluent flowing in that river and tell me they have been working.Our rivers should be pristine and our air cleaner.NEMA should be filling the courts with throngs of culprits.

  • Peter

    This is soo cya “covering your backside”.

    How was KPC to clear the way leave? Have they ever heard the phrase “mkiona wao, weka tyre”?

    Of course KPC bears some responsibility, but for clearing the way leave? Ayub give us a better thought out response!!!