This archive report was first published on 6 September 2021.
On September 6, 2021, Justice Joel Ngugi ordered the Energy and Petroleum Regulatory Authority (EPRA) and Inspector General of police Hillary Mutyambai to reopen the LPG storage and filling plant in Nakuru's Industrial Area, belonging to Smart Gas Energy ltd within 10 days.
The plant was closed indefinitely by EPRA after Smart Gas Energy ltd was accused of illegally refilling gas cylinders without the authority from brand owners. However, the company argued that the regulator's actions were procedurally unfair, unconstitutional, and unlawful.
Justice Ngugi declared that EPRA's decision to close the plant was marred with irregularities and was carried out without regard for due process. He further stated that the regulator did not provide any reasons to justify the interference with the company's business, contrary to constitutional requirements and the Fair Administrative Act.
Smart Gas Energy ltd had moved to court to challenge the closure as unconstitutional. The company told the court that EPRA's officers accompanied by DCI officers visited their refilling plant for inspection and found approximately eight assorted brand cylinders outside the plant at a location reserved as a storage area for cylinders belonging to Energy Dealers Association (EDA).
EPRA had opposed the application, but the court's decision has now ordered the regulator to reopen the plant within 10 days.
