DPP Laments Challenges in Prosecuting Police Officers Over Protester Killings
State prosecutor Renson Ingonga provided an update on the progress of investigations into police brutality, revealing that he cannot proceed with prosecuting police officers accused of killing four anti-government protesters due to significant gaps in the investigation.
The Director of Public Prosecutions (DPP) explained that the files and reports provided by the Independent Policing 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 crucial witness who was present with Masai at the time of the shooting has not yet come forward to provide a statement.
Additionally, those who transported Masai to the hospital have also not given their statements. Ingonga also mentioned that the CCTV footage available from the incident fails to clearly identify the shooter.
“I urge anyone with information about this case, especially the witnesses who transported the deceased to the hospital and those who witnessed the shooting, to come forward and record their statements with Ipoa,” Mr. Ingonga said.
Evans Karobia
In the case of Evans Karobia, who died while being treated at Kenyatta National Hospital (KNH), no one has come forward with information about the assault.
As a result of these investigative shortcomings, Mr. Ingonga has directed IPOA to submit the case to a competent court for a public inquest.
“I call upon the public or anyone with information about this case to come forward and record a statement with IPOA. This will help establish the cause of the injuries noted in the post-mortem report,” he added.
Dominic Mutua
In the case of Dominic Mutua, Mr. Ingonga reported that the main suspect had denied firing a teargas canister at the victim. He has instructed IPOA to conduct further investigations to verify the video and report submitted by the Communication Authority of Kenya (CA).
“I have also requested a report from the ballistic examiner,” he stated.
Gianna Obonyo
Regarding the shooting of Gianna Obonyo on June 25, while she was riding a bicycle in her parents’ compound, the DPP noted that investigations have yet to identify any suspects.
“I will review the case and provide further instructions once the investigation file, including the ballistics report, is resubmitted,” he stated.
He also urged the public or anyone with information about this case to provide statements to IPOA.
“My office will work with other government agencies to ensure the safety of victims and witnesses,” he added.
The public prosecutor explained that the delays in investigations are largely due to witnesses being either afraid or unwilling to come forward.
“This reluctance makes it difficult for investigators to compile a complete and usable file, as seen in the case of Evans Kiratu, where no one has recorded a statement, not even the person who took him to the hospital. Consequently, prosecuting such cases becomes very challenging, even when a life has been lost,” he said.
The DPP also highlighted that his office is managing several active cases involving 19 police officers in Nairobi, including one officer charged with murder.
“There are pending cases before various courts involving police officers, including three in Laikipia County, three in Meru County, one in Taita Taveta County, and cases related to the death of baby Samantha Pendo during protests in 2017, as well as the Kianjakoma brothers, who were last traced to police custody in 2021,” he noted.
Shooting of journalist Catherine Njeri Wariuki
Additionally, Ingonga called on IPOA to investigate the shooting of journalist Catherine Njeri Wariuki, a Kameme FM and TV reporter, which allegedly occurred in Nakuru County on July 16, 2024.
He urged the public to avoid spreading disinformation and misinformation through re-tweets and re-posts of unverified information. “Such actions only create unnecessary tension and fear among victims and witnesses,” he said.
“This also risks prejudicing the right to a fair trial, which is an absolute right that should never be compromised. Let us verify information before sharing it,” he added.
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