People face police violence after dozens killed

Kenya has recently been hit by a wave of deaths as police cracked down on protests across the country, leaving dozens dead, starting with the shooting of 30-year-old Rex Masai.

The killings have further eroded trust in police to maintain order, raising concerns about how security forces will respond as a new round of protests is expected to begin.

WARNING: This article contains descriptions of violence that some readers may find distressing.

June 20 marked the second day of demonstrations against a finance bill that would raise new taxes. The previous day’s action passed without major incident, but as the sun set on Thursday, something changed in the heart of the capital, Nairobi.

Protesters became more rebellious. Police stopped using water cannons and tear gas and started firing live ammunition.

Mr. Masai met with misfortune. He was shot in the thigh and bled to death.

“My hands were covered in his blood,” said his friend Ian Njuguna, who rushed over to try to catch him as he fell to the ground.

But when he and another friend tried to carry him to a nearby hospital, “the police fired tear gas at us because we were carrying our dying friend.”

“We frantically tried to speak to him, begging him not to leave us.”

At least four police officers have so far faced prosecution for shooting protesters in the past four weeks as calls grow for justice for victims of alleged excessive force.

But the investigation process is very difficult.

“We have encountered a lack of cooperation from the police and even some level of intimidation of our officers,” John Waiganjo, director general of the Independent Police Oversight Authority (IPOA), told the BBC.

However, the investigation into Mr Masai’s killing has yet to lead to prosecution as investigators seek to gather more evidence and record statements.

Mr. Waganjo did not comment on this specific case, but he explained that when investigating casualties, the IPOA needs to know the origin of the firearms involved and the identity of the officers suspected of being involved.

The BBC has confirmed a video shot around the same time and likely from the same location as Mr. Massai was killed, showing a plainclothes police officer shooting at a group of protesters fleeing down a street.

Mr Njuguna said he believed the police officer who shot him was targeting his friend because he had dreadlocks.

“He was accused of stealing mobile phones. There was a shop that had been robbed. So, they thought he was one of the looters and they shot him – for what? Because of dreadlocks,” he told the BBC, sounding angry and frustrated.

Mr. Maasai’s family said that on the night he was killed, the doctor who pronounced him dead confirmed that he had a bullet lodged in his thigh, with an obvious wound on one side but no signs of a bullet exiting on the other.

“When I arrived (where he died), I asked the paramedics to open my son’s body,” his mother, Gillian Munyao, told the BBC the day after the attack. She saw where the bullet had entered his leg.

After the autopsy, Mr Masai’s family and friends were shocked to find no bullet was found in his body. They suspected the bullet had been removed at some point.

When the BBC told Mr Vaiganjo about the alleged lack of physical evidence, he was not surprised because IPOA itself had experienced difficulties in obtaining items that could help its investigation.

While the IPOA has the power to compel institutions to hand over any material information, this could undermine the pursuit of justice.

The BBC contacted acting police commissioner Douglas Chiriccio to respond to allegations of obstructing the investigation and using excessive force against protesters.

While he acknowledged the request and directed a police spokesperson to answer our specific questions, no response was received as of the time of publication, despite multiple reminders.

The police’s actions have caused many Kenyans to lose faith in the system.

Not surprisingly, IPOA said it was difficult to get witnesses to testify in Mr Masai’s case or others because people were often afraid to come forward. IPOA is using allegations of killings, arbitrary arrests and kidnappings shared on social media to launch its investigation.

Throughout the weeks of protests, the BBC has verified and found dozens of videos that appear to show what activists and police watchdogs say are excessive force and illegal behavior by police in quelling protests.

The BBC was able to verify the location and time of the incident by comparing the landmarks seen in the video with Google Street View imagery and satellite maps, local media reports and other videos showing the same incident.

The video content includes shooting at unarmed protesters, beatings with batons, attacks on emergency workers, attacks on journalists, and kidnappings.

In a video shot near the Capitol, a protester walked toward police with his arms raised. Moments later, gunshots rang out.

We later see him being stuffed into the back of a police car, with wounds on both legs, and he’s screaming.

“I didn’t do anything and I didn’t burn any vehicles… They shot me for no reason,” he said, showing the wound on his leg.

“There is no justification for using live ammunition or even rubber bullets against people who are unarmed and who are not engaging in any violent confrontation with the police,” said Irungu Houghton, executive director of human rights group Amnesty International Kenya.

He believes the country has a clear legal framework for policing. “Every page you read you see the words human rights and serving the citizens.”

But he believes the problem is deeply rooted in the system: “Instead of moderating dialogue, or fundamentally promoting peaceful protest, what we’re seeing is an attempt to prevent peaceful protest. That’s where things are failing.”

He believes policing can work if there is a clear understanding among leadership that the police’s job is to de-escalate tense situations.

“If the demonstrations were peaceful, the police should not have used any tear gas canisters or water cannons, or even live ammunition,” Mr. Vaganjo said.

Their duties are to guide protesters along an agreed-upon route and to “only use firearms when human life is threatened.”

Asked if she was confident justice would be served, Masai’s mother said: “You know how the government works here, but I believe in the best.”

“I want to say to the police officers that in the upcoming protests, they are parents just like us. The pain we feel should be their own. We will not retaliate. Let’s leave everything to God.”