The High Court has dismissed a petition by the family of Beasley Kogi Kamau, who died during the Gen Z protests in Nairobi, saying there is no evidence directly linking police officers to his death or showing that his rights were violated by State officials.

Kamau’s family, supported by the Law Society of Kenya and the Independent Medico-Legal Unit, had asked the court to order the State to complete investigations and take action against police officers alleged to have used batons to fatally injure Kamau during the June 25, 2024, demonstrations.

However, Justice Bahati Mwamuye ruled that the petition lacked clear proof and relied on circumstantial claims. He also found that the petitioners had not met the legal threshold needed to force a prosecution.

“The petitioners appear to rely on circumstantial evidence that it was the police who caused Kamau’s death using a baton to fracture his skull and ribs. However, there is no evidence whatsoever to show that these injuries were caused by the police while dispersing protesters,” the judge said.

The petition listed then Nairobi Regional Police Commander Adamson Bungei, former Inspector General Japheth Koome, the Attorney-General, the Office of the Inspector-General, and the National Police Service as respondents.

Kamau’s sister, Beatrice Muthoni, filed the case, arguing that the authorities had failed to act on the killing and were shielding those responsible through delays and inaction.

She told the court that a post-mortem conducted after Kamau’s death showed blunt force trauma to his head and chest.

Muthoni also said that friends who had been with Kamau during the protest informed her that they last saw him near I&M Bank on Kenyatta Avenue at around 1 pm.

However, they refused to testify or swear affidavits, saying they feared for their safety.

The family later discovered that his body had been taken to the morgue by Kamukunji Police Station officers at about 8 pm.

Justice Mwamuye ruled that the family had not shown any evidence connecting the police to the fatal injuries or proving that Kamau died at the hands of State agents.

“I have evaluated all the evidence on record and found none proving that the respondents are in any way connected to Kamau’s death. The fact that some police officers may have used excessive or lethal force does not, in itself, establish who inflicted the fatal injuries or whether they were caused by the police or members of the public,” he ruled.

The court also noted that police had carried out investigations and forwarded the findings to the Office of the Director of Public Prosecutions (ODPP), which recommended a public inquest to determine the cause of Kamau’s death.

“The law is clear that courts should be slow to interfere with the ODPP’s constitutional discretion to prosecute. The petitioners have not met the threshold to compel prosecution since the respondents have already recommended a public inquest into Kamau’s death,” the judge said.