AfriPulse
The inquest into the death of Rex Masai heard that investigators were unable to identify the police officer who fatally shot the protester during the June 2024 anti-Finance Bill demonstrations.
Independent Policing Oversight Authority (IPOA) Principal Investigator Justin Nyatete told the court that, after completing his investigations, he compiled a case file that included witness statements, evidence, and a summary of his findings. He then forwarded the file to the Office of the Director of Public Prosecutions (ODPP).
Nyatete said he recommended an inquest rather than criminal charges because the evidence available at the time did not allow investigators to identify and prosecute any individual officer.
“At the time, I had recorded statements from about 19 witnesses. Based on the material gathered, I felt there was insufficient evidence to prefer charges against any person. The DPP agreed with that recommendation, and that is why we are here today,” he said.
The court also heard that, although investigators later received additional photographs and videos, the new material did not change the conclusion reached during the investigations.
Nyatete cited several challenges that disrupted the probe, including difficulties in preserving the crime scene and what he described as a lack of cooperation from the National Police Service (NPS).
He told the court that even though the scene had been interfered with, investigators still managed to collect some evidence linking the deceased to the location.
However, Nyatete said investigators never recovered key exhibits, including the bullet that killed Masai, the spent cartridges, and the firearm used in the shooting.
“I do not have an eyewitness who saw Rex Masai being shot. That was a challenge,” he told the court.
The court also heard that CCTV footage reviewed during the investigation did not clearly show the face of the officer who fired the weapon and that none of the witnesses directly saw the shooting.
As a result, investigators said they could not conclusively determine who fired the fatal shot. “We don’t have the bullet, the gun, the cartridge, or an eyewitness. As we speak, I cannot tell who killed Rex Masai,” he said.
During cross-examination by counsel representing the NPS, the court heard that investigators interviewed 26 witnesses in total, including nine police officers. Nyatete added that three officers had been summoned but failed to appear, and he said that their evidence could have helped.
“The summons were clear that they should…they had an obligation to comply,” he said.
Source: NairobiWire.com | Read the Full Story…
