Kenya's public prosecutor says he cannot prosecute police officers accused of shooting dead four anti-government protesters because of gaps in the investigation.
Director of Public Prosecutions, Renson Ingonga, says the files and accompanying reports he has received from the Independent Policing Oversight Authority (Ipoa) cannot support charges against the killers of Rex Masai , Dominic Mutua, Evans Karobia and Gianna Obonyo.
In the Masai case, Mr Ingonga said on Tuesday that a key witness who was with the deceased when he was shot during anti-government protests in Nairobi had not come forward to record a statement.
The people who took Maasai to hospital on the fateful day have also not come forward to record their statements, he added, and CCTV footage of the shooting does not clearly identify the person who pulled the trigger.
“I call upon any person with information on this case, especially the witnesses who took the deceased to the hospital and those who witnessed the shooting, to come forward and record a statement with Ipoa,” Mr Ingonga said.
Masai, 29, died on 20 June from injuries sustained from a live bullet allegedly fired by police, paying the ultimate price for the demonstrations that spread to more than 18 other towns that day.
The prosecution is facing a similar challenge in its attempts to bring to justice the killers of Karobia, who died while receiving treatment at the Kenyatta National Hospital (KNH).
While investigations revealed that the cause of his death was "multiple organ injuries caused by blunt force trauma", Mr Ingonga said no one had come forward to give a statement about the assault on the deceased.
Because of these shortcomings, he directed the IPOA to submit the case to a competent court for a public inquest.
"I call upon the public or any other person with information about this case to come forward and record a statement with the IPOA. This will enable the state to establish the cause of the injuries recorded in the post-mortem report," he said.
In the Mutua case, the DPP said the main suspect had denied firing a teargas canister at the victim.
He directed Ipoa to carry out further investigations to authenticate the video and the report submitted by the Communication Authority of Kenya (CA).
“In addition, I have also directed that a report from the ballistic examiner be obtained.”
And in the case of the shooting of Ms Obonyo on June 25 as she was riding a bicycle in her parents' compound, the DPP said investigations had not identified any suspects.
“I will review the case and provide further instructions once the investigation file, including the ballistics report, is resubmitted,” he said.
“To date, investigations have not identified any suspects, and I urge the public or anyone with information about this case to come forward and give a statement to Ipoa. My office will collaborate with other government agencies to ensure the safety of victims and witnesses.”
Mr Ingonga said the investigations were taking so long because "a major issue with this type of investigation is that many witnesses are either afraid or unwilling to give statements.
“This reluctance makes it difficult for investigators to compile a complete and usable file, as seen in this particular case of Evans Kiratu, in which no one has recorded a statement, not even the person who took him to the hospital. So it becomes very difficult, even as much as a life has been lost, to prosecute such a case.”
The DPP went on to say that his office has a number of active cases involving 19 police officers in Nairobi, including one who has been charged with murder.
“There are pending cases before various courts involving police officers, with three in Laikipia County, three in Meru County, one in Taita Taveta County, and one related to the death of baby Samantha Pendo, which occurred during protests in 2017, and the Kianjakoma brothers, who were last traced to police custody in 2021,” he said.
Mr 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.
“To enable my office hold suspects accountable, I urge members of the public to avoid disinformation and misinformation through re-tweets and re-posts of unverified information and data for this only creates unnecessary tension and causes fear amongst victims and witnesses,” he said.
“This may also prejudice the right to a fair trial, which is one of the absolute rights that should never be limited. Let us verify information before sharing it,” he said.
