
The inquest into the killing of protester Rex Masai has exposed major gaps in the investigation, after the lead detective told the court that investigators could not identify the firearm that fired the fatal shot due to lack of cooperation from police officers deployed during the June 2024 anti-Finance Bill protests.
Principal Investigating Officer Justin Nyatete told the court that despite reviewing witness statements, videos, photographs and ballistic reports, detectives were unable to link any weapon recovered from officers under investigation to the bullet that killed Masai near the Absa Bank Kenya area in Nairobi’s central business district.
Nyatete, a detective with 22 years of service, said investigators established that Masai was the only person injured at the Absa Bank scene, while other casualties reported during the protests were hurt in different locations.
The court heard that detectives relied on footage and images taken during the demonstrations, including material supplied by a protected witness identified as a journalist. According to Nyatete, the journalist captured images along Uhuru Highway showing a plain-clothes officer operating alongside uniformed police officers.
The officer, later identified as Isaiah Murangiri, was seen carrying a police radio and baton. Nyatete said the same officer appeared similar to a person captured in another video recorded near the Absa Bank area.
The court was told that Murangiri was working undercover and had been issued with a tear gas launcher. Investigators also established that he had a small firearm.
However, Nyatete said forensic analysis failed to connect Murangiri’s weapon, or those of other officers who testified, to the fatal shooting.
“The ballistic report showed the cartridge recovered had been fired from a revolver and not from the pistols issued to the officers under investigation,” Nyatete told the court.
He further testified that detectives could not recover the bullet that struck Masai because it exited his body, making it difficult to conclusively determine the weapon used.
“We could not link the pistols to the bullet. We were also unable to recover the firearm that discharged the fatal shot,” he said.
Nyatete also pointed to inconsistencies in Murangiri’s account. In his statement to investigators, Murangiri claimed he was not on duty on June 18. He, however, stated that on June 20 he reported for duty at 5:20 a.m. and had been assigned to guard the gate at the Kenyatta International Convention Centre.
The investigating officer said detectives also tried to identify people seen chasing protesters during the demonstrations, but police officers who appeared before the court, including Murangiri, denied involvement.
According to Nyatete, the officers claimed those pursuing demonstrators were criminals and not police officers.
“Our investigations could not verify who the people chasing demonstrators were,” Nyatete testified.
“We did what we could, but we encountered non-cooperation from police.”
His testimony painted a picture of an investigation frustrated by missing evidence, conflicting accounts and limited cooperation from officers who were on the ground during the protests.
The inquest continues as the court seeks to establish the circumstances surrounding Masai’s death and whether more officers should be summoned to testify.