The search for answers over the death of Rex Kanyike Masai has been slowed by missing police accounts, with the Independent Policing Oversight Authority (IPOA) asking the court to force officers from four stations to cooperate with its investigation.
The Milimani Law Courts heard on Thursday that officers based at Parliament, KICC, Kamukunji and Kilimani Police Stations had not recorded statements on the events surrounding Masai’s death during the anti-government protests of June 2024.
IPOA told the court that the officers had failed to comply with an earlier order requiring them to give their accounts, prompting the authority to seek another directive to compel them to appear and record their statements.
“You gave an order that police officers at Parliament Police Station, KICC Police Station, Kamukunji Police Station and Kilimani Police Station record statements," said IPOA lawyer David Tenge.
Tenge said the summons issued to the officers had not been honoured, leaving IPOA without their witness accounts as it continues with the inquiry into the circumstances that led to Masai’s death.
“Until now the summons have not been honoured. Let them come and record statements with IPOA so that we take their witness accounts," Tenge added.
The request was supported by International Justice Mission lawyer Manasses Mwangi, who told the court that no officer from the four stations had so far given a statement.
“No police officer from those stations has recorded a statement. Please direct them to cooperate,” Mwangi said.
The National Police Service disputed the suggestion that it was simply refusing to cooperate, saying changes in its workforce had made it difficult to trace some of the officers responsible for keeping records at the stations.
NPS lawyer Antony Mwangi said some of the officers had been transferred while others had left the service. He said efforts were under way to gather the required records, although the process was taking longer than expected.
“In respect to the other police stations, the officers who were keeping records were either transferred or left the service. We are in the process of collating records, but we realised it will take longer," said NPS lawyer Antony Mwangi.
The court also heard from Absa Bank Head of Security Joash Owanga, who testified about CCTV footage recorded at an Absa branch in Nairobi's Central Business District on the evening of June 20, 2024.
Owanga told the court that neither the Directorate of Criminal Investigations nor another investigative agency had questioned him about the footage.
“I was not interrogated by DCI or any other investigative agencies," he said.
Despite the concerns raised over the police statements, the prosecution argued that the evidence already placed before the court was enough to help determine the inquest.
Prosecutor Jalson Makori said only one witness remained and would appear solely to present a certificate, after which the prosecution's evidence would be complete.
“We believe what we have already presented to this court is relevant and sufficient for this court to make a determination. We only have one more witness left who is only coming to produce a certificate," Makori noted.
The inquest is scheduled to resume on Monday next week.