DPP laments challenges in prosecuting police officers who killed protesters

State Attorney Renson Ingonga has given an update on the investigation into police violence and revealed he cannot proceed with the prosecution of police officers accused of killing four anti-government protesters due to major loopholes in the investigation.

The Director of Public Prosecutions (DPP) has explained that documents and reports provided by the Independent Police Oversight Authority (Ipoa) are insufficient to support charges against those responsible for the deaths of Rex Masai, Dominic Mutua, Evans Karobia and Gianna Obonyo.

Rex Masai

In the case of Rex Masai, who was killed during anti-government protests in Nairobi, the DPP revealed on Tuesday that a key witness who was present with Masai at the time of the shooting has yet to come forward to provide a statement.

In addition, the person who took Masai to the hospital did not make a statement. Ingonga also mentioned that the CCTV footage from the scene of the incident did not clearly identify the gunman.

“I urge anyone who has information about the case, especially witnesses who took the deceased to the hospital and those who witnessed the shooting, to come forward and record their statements with Ipoa,” Sir. As said.

Evans Carob

Evans Kalobia died while receiving treatment at Kenyatta National Hospital (KNH), but no one provided information about the attack.

Due to these investigative deficiencies, Mr. Ingonga has directed IPOA to refer the case to a court of competent jurisdiction for a public investigation.

“I urge the public or anyone with information about this case to come forward and submit a statement to IPOA. This will help determine the cause of the injuries mentioned in the post-mortem report,” He added.

Dominic Mutua

In the case of Dominic Mutua, Mr Ingonga reported that the main suspect denied firing tear gas at the victim. He has directed IPOA to conduct further investigations to verify the video and report submitted by the Communications Authority of Kenya (CA).

“I have also requested a report from the ballistics inspector.” He said.

Gianna Obonyo – I’m Not Afraid (Official Music Video)

Regarding the June 25 shooting of Gianna Obonyo while riding her bicycle at her parents’ home, the DPP noted that the investigation has yet to identify any suspects.

“I will review the case and provide further instructions once the investigation documents, including the ballistics report, are resubmitted.” He said.

He also urged the public or anyone with information about the case to provide representations to IPOA.

“My office will work with other government agencies to ensure the safety of victims and witnesses.” He added.

Prosecutors explained that the delay in the investigation was mainly due to witnesses being afraid or unwilling to come forward to testify.

“This reluctance makes it very difficult for investigators to compile complete and usable documentation, as was the case with Evans Killatu, where no one took a statement, not even the person who took him to the hospital. As a result, it becomes very difficult to prosecute such cases, even when lives have been lost,” He said.

The prosecutor also stressed that his office was handling several cases involving 19 police officers in Nairobi, including one who was accused of murder.

“Cases involving police officers are pending in various courts, including three in Laikipia County, three in Meru County, one in Taita-Taveta County, as well as cases related to the death of baby Samantha Pendo during the 2017 protests, and the case of the Kiangiakoma brothers, who were last in police custody in 2021,” He pointed out.

Journalist Catherine Njeri Wariuki shot

In addition, Ingonga also called on IPOA to investigate the shooting incident on July 16, 2024, in Nakuru County against Catherine Njeri Wariuki, a journalist with Kamime FM and TV.

He urged the public to avoid spreading false and misinformation by forwarding and reposting unverified information. “Such behavior only serves to cause unnecessary tension and fear among victims and witnesses.” He said.

“It also risks undermining the right to a fair trial, which is an absolute right and must not be undermined. Let us verify information before we share it,” He added.