Rex Masai, who died during the Finance Bill 2024 protests/HANDOUTThe inquest into the death of Rex Masai took a new turn on Thursday after the National Police Service (NPS), through its lawyer, Moses Kipkogei, questioned the Director of Public Prosecutions (DPP) over what it described as a premature conclusion that a police officer was responsible for Masai’s death.
Kipkogei told the court that the DPP had requested the Independent Policing Oversight Authority (IPOA) to investigate the case barely 12 hours after the incident in June 2024.
He argued that the request suggested the DPP may have formed an early view that Masai’s death resulted from police action.
“I have taken instructions from NPS on this inquest. The Service takes the position that the mandate of IPOA arises only when there is information confirming or suggesting police misconduct,” he said.
“The request to IPOA was made less than 12 hours after the death occurred. It appears a view had been formed that this death must have been caused by the police."
Kipkogei further questioned the objectivity of the prosecution’s handling of the matter, saying that if the DPP was certain police were involved, specific officers should have been identified and charged.
He also told the court that at some stage, the DPP might need to explain how the conclusion was reached that a police officer fired the fatal shot.
“If they knew it was the police, they would have gone for them directly,” he said.
On witnesses, the NPS informed the court that it had written a letter listing individuals it wished to testify, along with justifications for each.
Kipkogei said the goal was to address what the NPS viewed as gaps in the evidence presented by the DPP’s witnesses and to ensure that the inquest established the full truth of the matter.
Among the witnesses proposed by the NPS is Dr Lawrence Machira or his representative, said to have been among the last people to see Masai alive.
The police also requested the appearance of the “occupant of the space” where the fatal bullet was recovered, arguing that their testimony would help clarify key aspects of the scene.
Additionally, the DPP listed three witnesses from IPOA who are yet to testify, saying their evidence is vital to understanding the circumstances surrounding Masai’s death.
Earlier, the DPP’s office, represented by counsel Jalson Makori, told the court it had submitted a list of witnesses and reasons for their inclusion.
“There are significant gaps in the story through witnesses, and ours is how to close those gaps for truth to prevail,” the court heard.
Makori had initially asked the court to summon the Deputy Inspector General, but later withdrew the request following the court’s direction after a brief recess.
The magistrate directed both parties to work toward a common witness framework.
The inquest seeks to establish the circumstances under which Masai, a protester, was shot and killed during anti-government demonstrations along Moi Avenue in Nairobi in June 2024.
The protests reportedly saw clashes between police and demonstrators, resulting in several deaths and injuries.
The court scheduled a mention for November 11, 2025, to confirm compliance after directing the Law Society of Kenya (LSK) to file submissions related to an NPS application challenging an earlier court order for the release of firearms records.
The NPS application challenges an earlier court order for the release of firearms records.
