NAIROBI, Kenya — The Independent Policing Oversight Authority (IPOA) has accused the National Police Service (NPS) of failing to initiate investigations into the fatal shooting of Rex Masai during the Gen Z protests in Nairobi.
The allegation emerged as an inquest into Masai’s death heard fresh CCTV evidence, with IPOA urging the court not to close proceedings until outstanding witnesses and documents are presented.
Through lawyer David Tenge, IPOA told presiding magistrate Geoffrey Onsarigo that police had not initiated investigations into Masai’s death.
The authority opposed efforts to conclude the inquest, arguing that important evidence was still outstanding.
IPOA wants inquest to continue
IPOA said the absence of a police investigation was a key concern as the court seeks to establish the circumstances surrounding Masai’s fatal shooting.
Lawyer Manases Mwangi, representing the International Justice Mission (IJM), also told the court that police had failed to respond to requests for officers responsible for police armouries to record statements and testify.
The armourers from Kamukunji, KICC and Kilimani police stations have yet to appear before the inquest or provide statements, the court heard.
Their evidence is expected to assist the inquest in establishing which firearms and ammunition were issued to officers deployed during the protests and whether the relevant records can help trace the circumstances surrounding the shooting.
NPS disputes failure to investigate
The National Police Service disputed aspects of the claims.
Lawyer Anthony Mwangi, representing the NPS, told the court that officers had visited Kilimani Police Station and established that no officer from the station had been deployed to Nairobi’s Central Business District on the day Masai was killed.
He said investigators might require additional time to obtain documents, including police duty rosters.
The NPS lawyer also told the court that some officers who were stationed at the affected police stations at the time could have since been transferred, potentially complicating efforts to obtain their statements.
The competing positions leave the inquest to determine what investigative steps have been undertaken and what additional evidence is still required before proceedings can be concluded.
CCTV evidence presented
The inquest also heard evidence from its 29th witness, Joash Owango, a security manager at Absa Bank’s Queensway Branch in Nairobi CBD.
Owango confirmed that the bank provided IPOA with CCTV footage recorded on the day Masai was killed after receiving a formal request from the oversight authority.
He told the court that the footage showed protesters moving at a faster pace, which he said was an indication of tension in the area.
The bank had two cameras positioned outside its premises, with one covering the parking area and another facing the entrance. Additional cameras covered the banking hall and offices.
Witness could not confirm shooting
Owango, however, told the court that he was not at the bank when the incident occurred and therefore could not personally confirm what happened outside the premises.
He could not verify reports of a shooting near the bank.
He said the bank was forced to close early because of the unrest and chaos in Nairobi’s central business district.
His evidence therefore provides CCTV material from the area but does not, on its own, establish who fired the shot that killed Masai.
Prosecution says evidence is sufficient
As IPOA pushed for the inquest to continue, prosecution counsel Jalson Makori told the court that the evidence presented so far was sufficient for the prosecution.
The inquest continues as the court considers the remaining witnesses and evidence before determining the circumstances surrounding the fatal shooting during the protests.
