The High Court has dismissed a petition challenging a directive by the Energy and Petroleum Regulatory Authority (Epra) requiring liquid petroleum gas (LPG) dealers to install closed circuit television (CCTV) cameras at the product filling zones.
Justice John Chigiti dismissed the petition by the Energy Dealers Association because it was filed in the wrong forum. The judge said the case should have first moved to the Energy and Petroleum Tribunal in the first instance and that the dealers had not shown that the tribunal was not accessible or that they would not get redress.
“It is clear from the wording of Section 36 that the tribunal is accessible, has the power to issue diverse orders not limited to injunctions. The section enjoins the tribunal to hear and determine matters referred to it expeditiously,” said the judge.
The dealers had challenged the directive in February following a gas explosion in Embakasi in which more than 10 people died.
The dealers argued that the decision infringes on the LPG business owners’ constitutional right to privacy, especially on the protection of confidential business trades and secrets.
The traders argued that the Energy Act and the Petroleum Act do not have any specific substantive provisions on the requirement for proof of installation of intrinsically safe non-obscured CCTV cameras at the filling area, with access given to the authority via a web-based portal.
The regulator submitted that pursuant to section 11 (e) of the Energy Act, 2019, it wrote to some dealers and LPG Storage and filling facilities directing them to comply with the provisions of the Petroleum (Liquefied Petroleum Gas) Regulations, 2019.
Epra argued that the requirement to provide proof of installation of the cameras at the filling area was being done in phases and all licensed LPG storage and filling facilities have been duly notified to comply.
The regulator said the communication was lawful and was not intended to harm the dealers’ businesses, but rather to comply with legislative requirements, protect the public against hazardous LPG cylinders brought to the market, and ensure the effective execution of the Respondent's mandate.
The regulator added that the business of storage and filling of LPG in cylinders poses a real and present danger to the public at large, as evidenced by the increased cases of unauthorised refilling and the rising number of accidents involving LPG.
Epra said such businesses should be placed under close surveillance, monitoring, and oversight.
Justice Chigiti said in the decision that the requirements and the purpose of CCTV cameras are aimed at achieving statutory goals and to argue that disputes emanating from the implementation of such safety equipment are not subject to alternative dispute resolution mechanisms, and cannot hold water.
