No gun and no shooter identified in Rex Masai killing, IPOA tells court

The gun used to kill Rex Masai, the bullet that struck him and the spent cartridge were never recovered, IPOA investigator told a Nairobi court on Monday, as the inquest heard how a compromised crime scene and lack of police cooperation has left the killing unsolved two years later.

IPOA senior investigating officer Justin Nyatete, made the revelations during cross-examination by National Police Service Commission lawyer Moses Kipkogei, who pressed him on the fundamental evidentiary gaps that have stalled the inquest into Masai's death during the June 20, 2024, Finance Bill protests.

"We did not recover or find the bullet, the spent cartridge and the gun," Nyatete told the court bluntly when asked about the central pieces of evidence in the shooting.

Two weeks ago, the officer tendered evidence of cover up and systematic obstruction by the National Police Service in the probe into the death of Masai.

The cover-up revelations were laid bare before Milimani Chief Magistrate Geoffrey Onsarigo, by Nyatete who disclosed efforts to get information from senior police officers, including IG Douglas Kanja, Deputy IG Eliud Lagat, Nairobi Regional commandant Adams Bungei and Sub-county commandant Doris Mugambi over the deployment of various police officers during the June 2024 anti-government protests.

In his evidence in chief led by DPP state counsel Jalson Makori, Nyatete stated that the police frustrated efforts to identify the killer, the firearm used, failed to provide the operation order and officers deployment schedule, interfered with the arms movement register and falsified cell phone numbers as registered by Safaricom.

Magistrate Onsarigo heard that former Nairobi regional commandant Bungei allegedly failed to supply to IPOA the operation order and deployment schedule even after being served with court orders.

In his five-hour testimony, the IPOA officer gave a blow-by-blow account of the events of June 18 and June 20, 2024, when anti-Finance Bill protests rocked Nairobi and others parts of the country.

Nyatete disclosed a top security secret regarding the deployment of security formations to quell demonstrations within the CBD.

He said that IPOA discovered during investigations that armed undercover police officers in civilian clothes, GSU, KDF and AP and RDU were deployed to counter peaceful demonstrators who had bottles of water and Kenyan flag and handkerchiefs.

"We also discovered that police officers deployed in the city were armed with firearms, buttons, water cannons, teargas launchers," Nyatete said.

The court heard that IPOA uncovered inconsistency in police accounts of the protests.

Nairobi Sub-County Commander Mugambi contradicted Deputy IG Lagat position that police never planned on how to counter demonstrators on the June 2024 protests.

"I wonder why they would brief their officers at the same time as saying the protests were spontaneous. That does not add up," Nyatete told the court.

During cross-examination, NPSC lawyer Kipkogei pressed Nyateete, to admit that no witness directly observed Masai being shot. 

"Not really," Nyatete replied when asked whether IPOA had any witnesses who saw the victim being struck.

The investigator confirmed that the scene of the crime had been interfered with before IPOA could conduct its evidence collection, compounding the difficulties.

"Despite the scene being interfered with, we still collected some evidence like the blood statin though the victim had already been moved to hospital," he told the court.

The court heard that CCTV footage obtained from Absa Bank secured by IPOA after a formal request, and social media material failed to clearly reveal the face of the officer who discharged the weapon. 

Nyatete confirmed that investigations were unable to conclusively identify the shooter despite the available visual evidence.

"Despite the available evidence, investigations were unable to identify the shooter. CCTV footage and social media do not clearly reveal the face of the officer who shoot the victim," Nyatete stated.

He further confirmed that a cartridge recovered from International House could not be linked to the shooting, and that the murder weapon was never conclusively identified.

"The investigation failed to establish who killed Rex Masai. As we speak, you cannot tell who killed Rex Masai," Kipkogei put to him, a proposition Nyatete did not dispute.

Nyatete disclosed that of 26 witnesses who have testified in the inquest, nine are police officers, including a regional commandant, sub-county police commander Doris Mugambi, two OCS officers from central and Kamukunji police stations, an officer in charge of firearm at Central police station and DCI ballistic experts, meaning more than a third of all witnesses come from the very institution under scrutiny.

He further informed the court that other senior officers including commandants of various police units in the country, believed to have crucial information, declined to honour IPOA summons and refused to record statements.

 "I still believe that they have evidence that would have helped. And would not have [left] the officers [unidentified]," he said.

Nyatete informed the inquest that among those who defied summons were GSU Commandant Renson Lomondoni, RDU Commandant Aggrey Shamallah and the Anti-Stock Theft Police commandant. 

He also produced several correspondence written on behalf of Inspector General Douglas Kanja by Christine Temko, addressed to Deputy IG Eliud Lagat and dated April 15, 2025, was also referenced in the proceedings to avail detail, including the operation order and officers deploy schedule.

Nyatete had initially recommended to the Director of Public Prosecutions, based on statements from 19 witnesses, that there was insufficient evidence to prefer charges, a position the DPP accepted, leading to the opening of a formal inquest.

"Based on what was available, that was the best decision because of the challenges we encountered," the investigator said. 

He acknowledged that as of May 18, 2026, the investigation remained in substantially the same position as it was in 2024 due frustration by police.

The inquest continues.