LSK sues police officer over death of Rex Masai during tax protests

The Law Society of Kenya has sued an officer it alleges was behind the death of Rex Masai in a case where it wants the court to stop the Inspector General of Police from deploying officers in civilian clothes to quell protests.

Rex was silenced by a bullet on June 18 during protests against the Finance Bill 2024.

Director of Public Prosecutions Renson Ingonga had said that no one had shown up as a witness to give an account that would enable identification and arrest of the police officer who killed him.

Ingonga said the closed-circuit television (CCTV) footage could not identify the trigger.

But LSK, in its case filed before High Court Judge Bahati Mwamuye, claims Isaiah Ndumba Murangiri was the officer behind Rex’s killing.

The society also wants the court to compel government to stop deployment of police officers in civilian clothes during protests.

LSK, in its case, argues that all instances of murder and police brutality are linked to officers who have no identification cards or uniforms.

The Faith Odhiambo-led society stated the push is for easy identification and accountability.

The court heard that it had become almost impossible to identify or single out police officers from goons as they are masking themselves, including wrapping up their faces in scarves.

LSK sued the Inspector General of Police, the Attorney General, Nairobi County Commander Adamson Bungei, Central Police Station Officer Commanding Station (OCS) Moses Shikuku, and two police officers, Martin Mbae Kithinji and Ndumba.

The society claimed that Mbae was, on June 18, 2024, caught on camera in civilian clothing while allegedly arresting activist and journalist Hanifa Farsafi at the Kenya National Archives. It alleged that he manhandled her.

Ndumba was accused of causing harm to protestors. He, too, is alleged to have worn civilian clothes.

“This incognito appearance enabled the officers to blend in with the peaceful protestors exercising their rights under Article 37 of the Constitution of Kenya. Further, the plainclothes police did not carry any form of identification and thus could not be distinguished from members of the public,” said LSK Chief Executive Officer Florence Muturi.

According to LSK, Ndumba was identified in multiple videos by protesters as among the officers who took advantage of their attire to cause a disturbance.

"Because of the 2nd Respondent’s excessive use of force Rex Kanyike Masai, who was an unarmed protestor exercising his Article 37 rights, was running away from the mayhem occasioned by the plain clothes police officers. The deceased was killed at point blank range even though he was trying to get himself to safety,” the society says in the case filed by Otao and Chirchir Advocates.

Muturi stated that what made it worse was the police use of vehicles without number plates, an indicator that they were out to either kill or maim but were hiding features that would make them identifiable.