The inquest into the death of protester Rex Masai has heard that investigators were unable to establish the identity of the police officer who fatally shot him during the June 2024 anti-Finance Bill demonstrations.
The court was informed by Independent Policing Oversight Authority (IPOA) Principal Investigator Justin Nyatete that after completing his probe, he compiled a case file containing witness statements, exhibits and a summary of findings, which he forwarded to the Office of the Director of Public Prosecutions (ODPP).
Nyatete told the court that he recommended an inquest instead of criminal charges, arguing that the evidence gathered was insufficient to support prosecution against any specific officer.
“At the time, I had recorded statements from about 19 witnesses. Based on the material gathered, I felt there was insufficient evidence to prefer charges against any person. The DPP agreed with that recommendation, and that is why we are here today,” he said.
He further testified that although additional photographs and video footage were later submitted, they did not materially change the outcome of the investigation.
According to Nyatete, the probe faced several challenges, including difficulties in preserving the crime scene and alleged lack of cooperation from the National Police Service.
The court heard that while investigators were able to place Masai at the scene of the shooting, key evidence was never recovered. These included the bullet that killed him, spent cartridges, and the firearm allegedly used.
“I do not have an eyewitness who saw Rex Masai being shot. That was a challenge,” Nyatete told the court.
He added that CCTV footage reviewed during the investigation did not clearly show the face of the officer who discharged the firearm, and none of the witnesses directly witnessed the moment of the shooting.
“We don’t have the bullet, the gun, the cartridge or an eyewitness. As we speak, I cannot tell who killed Rex Masai,” he said.
The court was also informed that the investigation team interviewed a total of 26 witnesses, nine of whom were police officers. During cross-examination, Nyatete said three officers who were summoned failed to appear before investigators, noting that their testimony could have been crucial to the inquiry.
“The summons were clear that they had an obligation to comply,” he said.
The inquest continues as the court examines whether sufficient grounds exist to establish responsibility for the fatal shooting during the protests.
