Thange oil spill: Senate summons Kenya Pipeline, NEMA bosses after missing inquiry

Thange oil spill: Senate summons Kenya Pipeline, NEMA bosses after missing inquiry

Makueni Governor Mutula Kilonzo Jnr called for criminal accountability for those responsible for the pollution, arguing that people should face prosecution over deaths linked to negligence.

Senators have summoned the heads of the Kenya Pipeline Company (KPC) and the National Environment Management Authority (NEMA) after they failed to attend a committee hearing investigating the health effects of the Thange oil spill in Makueni County, where tests revealed health abnormalities in 61 per cent of the 229 residents examined.

Appearing before the Senate Standing Committee on Energy on Tuesday, Makueni Governor Mutula Kilonzo Jnr presented findings from tests conducted on residents and environmental samples, showing the extent of contamination caused by the oil spill.

He said a team led by Dr Cyrus Matheka collected samples from 10 sites and tested 229 residents to establish the contamination's effects.

“Dr Cyrus Matheka, who is here with us, led a team that sampled 10 sites and tested 229 residents. They found petroleum residue in the soil and water, and 61 per cent of those tested had abnormalities in the kidney, liver, bone marrow and blood,” he said.

Kilonzo called for criminal accountability for those responsible for the pollution, arguing that people should face prosecution over deaths linked to negligence.

He cited his previous visit to Brazil to study the aftermath of a disaster in Brumadinho, saying those responsible for environmental pollution should be held criminally liable.

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“My medical team is here, Mr Chairman. They can tell you that out of our analysis of the people who are going to hospital in Kibwezi East, the majority are from Thange,” he said.

He criticised the national government's lack of public health interventions, arguing that the responsibility for addressing the effects of the oil spill should not fall on the Makueni County Government.

He said the distribution of oil was a national function and that KPC, as a national entity, should be held accountable for not addressing the health concerns arising from the contamination.

Kilonzo said the contamination has so far spread up to 40 kilometres downstream, covering an area inhabited by approximately 19,000 people.

The governor called on the Ministry of Health to issue an enforceable public health report against KPC, saying the government had failed to take adequate action despite the impact on residents.

He warned that the effects of the contamination could continue affecting future generations, noting that residents were still consuming water from the affected areas and growing crops despite the risks.

Kilonzo urged the Committee to use its powers to summon KPC and NEMA officials, and require them to explain publicly why they had failed to address the concerns of Thange residents since 2015.

The Committee has now rescheduled the inquiry to Thursday, November 19, 2026, and directed the two agency heads to appear before it to explain their absence and respond to concerns over the impact of the oil spill.

In a letter to the Clerk of the Senate, KPC attributed its absence to an appeal against a July 2025 ruling by the Makueni Environment and Land Court, which ordered the company and NEMA to compensate the affected residents with more than Sh3 billion.

However, the Court of Appeal has stayed the judgment, while NEMA did not give any reason for failing to attend the meeting.

Committee Chairperson and Elgeyo Marakwet Senator William Kisang rejected KPC’s explanation, maintaining that the ongoing court proceedings did not justify its failure to appear before the Committee.

“KPC cannot hide behind sub judice when the courts have already delivered judgments on this matter. Both heads failed to appear without valid reason, and this Committee has resolved to summon them,” Kisang said.

Energy, Health and Environment Cabinet Secretaries have also been invited to attend the November 19 sitting.

Meanwhile, Health Principal Secretary Mary Muthoni told the Committee that a statutory notice had been prepared under Section 118 of the Public Health Act to compel KPC to finance health interventions for affected residents.

However, the notice was awaiting legal advice before it could be issued.

The Committee urged the ministry to proceed with issuing the notice, noting that no court order had stopped the government from taking the action.

Energy and Petroleum Regulatory Authority Director General Eng Edward Mwirigi Kinyua also committed to carrying out independent sampling through a multi-agency team along the affected stretch.

The Committee is expected to use the November 19 meeting to seek explanations from the two agencies and assess the measures being taken to address the contamination and its effects on residents.