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Post Reply: Inquest into Rex Masai's Death Exposes Significant Flaws in Police Investigation

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on July 18, 2025, 12:40 pm</div><div id="pl-7061"  class="panel-layout" ><div id="pg-7061-0"  class="panel-grid panel-no-style" ><div id="pgc-7061-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-7061-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p dir="ltr" data-pm-slice="0 0 []">The ongoing inquest into the death of 29-year-old Rex Kanyike Masai, fatally shot during anti-government protests in June 2024, has revealed critical shortcomings in the police investigation, raising serious questions about accountability and transparency within Kenya's National Police Service. The hearings, held at Milimani Law Courts under Senior Principal Magistrate Geoffrey Onsarigo, have uncovered inconsistencies in police testimonies, inadequate record-keeping, and a lack of operational clarity during the protests, fueling public outrage and demands for justice.</p>
<p dir="ltr">Masai was killed on June 20, 2024, during youth-led protests in Nairobi's Central Business District (CBD) against the controversial Finance Bill 2024. The demonstrations, driven by Generation Z activists advocating for better governance, turned deadly when Masai was shot in the left thigh and bled to death despite being rushed to Bliss Hospital. The inquest aims to determine whether police used live ammunition and, if so, to identify those responsible for his death.</p>
<p dir="ltr">On July 16, 2025, Crime Scene Investigator Paul Njihia testified that police fired live bullets along Mama Ngina Street, presenting photographic evidence and a sketch illustrating the shooting's circumstances. A damaged bullet recovered from the scene was sent for ballistic analysis, but the results remain undisclosed, adding to the investigation's opacity. Njihia's testimony corroborated earlier accounts from civilian witness Frederick Omondi, an ICT engineer, who on May 12, 2025, described seeing a plainclothes officer in a black cap, dark jacket, blue jeans, and white sports shoes firing a pistol into the crowd at approximately 6:50 PM near the intersection of Mama Ngina and Wabera Streets.</p>
<p dir="ltr">The inquest has spotlighted Police Constable Isaiah Murangiri Ndumba as a key suspect. On July 17, 2025, the Independent Policing Oversight Authority (IPOA) presented compelling evidence, including photographs and phone data, placing Murangiri at the scene. Images showed an officer with a distinctive black birthmark below his left earlobe, a mustache, a goatee, and a wristband with Kenyan artwork, features matching Murangiri. Despite this, Murangiri denied involvement, claiming he was off duty on June 18 and only reported to work on June 20 to attend to a sick child. He further insisted he was stationed at the Kenyatta International Convention Centre (KICC) gate, not near the shooting site, and was issued a tear gas launcher, not a firearm. The court, unconvinced by his denials, ordered him to face the magistrate for a physical comparison of his features, intensifying scrutiny on his testimony.</p>
<p dir="ltr">Significant gaps in the police investigation have emerged as a central issue. Former Nairobi Regional Police Commander Adamson Bungei, now Director of Police Operations, testified on February 5, 2025, that no operational order existed during the protests, describing the response as a "reactional action" to an unanticipated situation. Bungei claimed the absence of a duty roster or deployment records makes it impossible to identify officers stationed in the CBD, suggesting Masai could have been shot by a private gun holder or a "goon" amid the chaos. This lack of documentation has hindered efforts to trace the firearm used in the killing, prompting Magistrate Onsarigo to order the submission of arms movement records and summon additional officers to record statements with IPOA.</p>
<p dir="ltr">Further complicating the investigation, Tiberius Ekisa, a Directorate of Criminal Investigations (DCI) officer formerly at Central Police Station, revealed that the National Police Service's CCTV command centre at Jogoo House was non-functional due to a faulty fibre cable, rendering critical video evidence unavailable. Ekisa's team resorted to questioning watchmen along Moi Avenue, Kimathi Street, and other nearby roads, but these efforts yielded no leads on the shooter's identity. Ekisa also denied knowing Murangiri or the "Alfamine Squad," an undercover unit allegedly involved, despite Murangiri's reported presence at the scene.</p>
<p dir="ltr">Testimonies from other officers have added to the inconsistencies. Former Nairobi OCPD Doris Mugambi, recalled on June 19, 2025, distanced herself from responsibility, stating that no officer is accountable for another's actions and that no duty roster was presented in court. Chief Inspector Moses Mutai Shikuku, OCS at Central Police Station, admitted on June 9, 2025, that some officers under his command were armed and stationed at strategic CBD locations, contradicting claims that only tear gas and batons were used. Meanwhile, former Kamukunji OCS Robert Mugo, testifying on the same day, insisted his unit deployed only unarmed officers equipped with tear gas and batons, denying any involvement in civilian deaths.</p>
<p dir="ltr">The inquest has faced delays, notably when armourer Fredrick Ole Tepes failed to appear on March 10, 2025, forcing an adjournment. The armourer's testimony is critical to clarifying firearm movements on the day of Masai's death. Magistrate Onsarigo has directed three additional officers, Corporal Martin Githinji, PC Simon Waweru, and PC Geoffrey Mbai, to cooperate with IPOA, with a warrant of arrest threatened for non-compliance. The court also ordered Corporal Okapesi to surrender the original arms movement register, underscoring its importance to the case.</p>
<p dir="ltr">Representing Masai's family, lawyer Mwangi Chege of the Law Society of Kenya (LSK) has vowed to pursue justice relentlessly, emphasizing that no security officer should use live ammunition against unarmed protesters exercising their constitutional rights to picket and associate. Chege aims to set a precedent to prevent future incidents of police brutality. Masai's parents, present at the hearings, have expressed frustration, with his mother stating her belief that justice remains elusive for the poor in Kenya.</p>
<p dir="ltr">The inquest, which resumed on July 16, 2025, and continued on July 17, is set to reconvene on July 18, 2025, at 2 PM, with ten witnesses, including activist Boniface Mwangi, scheduled to testify. The case has reignited public demands for accountability, with human rights groups citing a pattern of excessive force during the 2024 protests, which reportedly left over 40 people dead. As the hearings progress, the focus remains on uncovering the truth behind Masai's death and addressing systemic issues within Kenya's security apparatus.</p>
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