Court told police unable to identify firearm used in Rex Masai murder

The inquest into the death of protester Rex Masai heard testimony on Thursday after the lead investigating officer told the court that detectives were unable to identify the firearm that fired the fatal bullet, citing a lack of cooperation from police officers involved in the June 2024 anti-Finance Bill demonstrations.

Principal Investigating Officer Justin Nyatete, a detective with 22 years of service, testified before the court and outlined the challenges investigators faced while probing Masai’s fatal shooting near the Absa Bank Kenya area in Nairobi’s Central Business District.

Nyatete told the court that investigations established that Masai was the only person injured at the Absa Bank scene, while other casualties reported during the demonstrations were injured in separate locations.

He said detectives reviewed witness statements, video clips and photographs taken during the protests, including material supplied by a protected witness identified as a journalist.

According to Nyatete, the journalist captured images along Uhuru Highway showing an officer in plain clothes among uniformed police officers.

The officer seen in the images was armed with a police radio and baton and appeared to be operating alongside officers dressed in full police uniform.

Nyatete told the court the individual appeared similar to a person captured in another video recorded near Absa Bank.

The court heard that Murangiri was working undercover and had been issued with a tear gas launcher. Investigators also established that he was armed with a small firearm.

However, Nyatete said forensic investigations did not connect Murangiri’s weapon, or those of other officers who testified, to the bullet that killed Masai.

“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 added that detectives could not recover the bullet that struck Masai because it exited his body, making it difficult to conclusively identify 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,” Nyatete testified.

Nyatete further revealed inconsistencies in Murangiri’s account.

In his statement to investigators, Murangiri indicated he was not on duty on June 18. He, however, stated that on June 20, he reported at 5:20a.m and had been assigned guard duties at the gate of the Kenyatta International Convention Centre.

The investigating officer said detectives also sought to establish the identity of individuals seen chasing protesters during the demonstrations.

But officers who appeared before the court, including Murangiri, denied responsibility and claimed those pursuing demonstrators were criminals and not police officers.

“Our investigations could not verify who the people chasing demonstrators were,” Nyatete said.

“We did what we could, but we encountered non-cooperation from the police.”

His testimony laid bare major gaps in the investigation, with the court hearing that despite witness accounts, video footage and ballistic analysis, detectives were unable to trace the weapon responsible for Masai’s death.

The inquest continues, with the court expected to determine whether more officers will be summoned to testify over the circumstances surrounding Masai’s killing during the demonstrations.