Kenya's police watchdog has admitted in court that it lacks sufficient evidence against the prime suspect in the killing of Rex Masai, the protester who was shot dead during the finance bill demonstrations. The Independent Policing Oversight Authority told the court that its investigations were unable to identify the person who fired the fatal shot, a setback in one of the most closely watched cases to emerge from the unrest.
The inquest into Masai's death took a fresh twist on Monday, when an investigator from the authority gave evidence about the state of the inquiry. He told the court that, despite the attention the case has drawn, the investigation had failed to establish who shot Masai. Because of that, he said, he had recommended that the matter proceed as an inquest before the Director of Public Prosecutions.
The investigator was cross-examined by lawyers representing the National Police Service, who used the hearing to question the strength of the watchdog's work. They challenged the investigation directly, arguing that the authority had failed to gather enough evidence to link the main suspect to the fatal shooting in a way that could stand up in court.
Some of the sharpest exchanges focused on the basic physical evidence in the case. Under questioning, the investigator was asked whether the bullet had been recovered, and confirmed that it had not. Pressed further on whether the spent cartridge had been recovered, he again answered that it had not, underscoring the gaps that the police lawyers say weaken any case against a named suspect.
The lawyers for the police went on to accuse the authority of overlooking critical evidence during its inquiry. Among their complaints was that investigators had not made full use of CCTV footage from private and government buildings in the area, material that could have helped establish what happened. They also argued that key eyewitnesses to the shooting had not been traced.
The admission that the shooter could not be identified leaves the question of accountability for Masai's death unresolved for now. With the watchdog recommending an inquest and the police service disputing the quality of the investigation, the proceedings are set to continue, as those following the case wait to see whether the evidentiary gaps can still be closed.