Former Nairobi Directorate of Criminal Investigations officer in charge, Tiberius Ekisa, has told the inquest into the death of protester Rex Masai that police were unable to determine the exact location or identity of the person who fatally shot him due to faulty CCTV systems, non-cooperative witnesses, and other gaps in evidence.

Testifying before Senior Principal Magistrate Geoffrey Onsarigo on Thursday, Ekisa said he received a phone call from Bliss Hospital on the evening of June 20, 2024, informing him of a gunshot victim who had died.

He immediately dispatched officers to the hospital to identify the deceased and later had the body moved to the City Mortuary.

“After the postmortem, we commenced our investigation as per our service standing orders,” Ekisa stated.

He told the court that one of the main challenges faced during the probe was the failure of the CCTV surveillance system operated by the National Police Service (NPS) at Jogoo House.

A letter he wrote to the CCTV Command Centre on July 3 seeking footage was met with regret, as the fibre cable connecting the system to surrounding roads and buildings was under repair.

“I only received a regret from the NPS CCTV Command Centre, with the responsible officer – Chief Inspector A. Limo – saying that the fibre cable linking Jogoo House to adjacent buildings and roads was faulty,” he testified.

He further said that attempts to get CCTV footage from Reinsurance Plaza also failed. Police then turned to physical efforts, engaging security guards at buildings along Moi Avenue, Kimathi Street, Parliament Road, Harambee Avenue, Kenyatta Avenue, Standard Street and City Hall Way to trace where Rex had been shot. However, those efforts did not yield results.

“Our efforts to locate the scene Masai was injured have been futile, though it is presumed to be on Moi Avenue,” Ekisa told the court.

He also testified that some members of the public who took Rex to hospital refused to assist in the investigation, often stating that the matter was under the Independent Policing Oversight Authority (IPOA). The hospital, too, did not provide the names of those who brought him in.

Ekisa, who is now based at the DCI, said he deployed 128 police officers from various police stations, including Central, Kamukunji, KICC and Parliament, to secure Nairobi’s Central Business District during the June 2024 anti-Finance Bill demonstrations.

He said the primary concern was to protect the National Assembly after intelligence indicated possible attempts to storm Parliament and steal the Mace.

In the same testimony, Ekisa denied having issued any shoot-to-kill orders. He also dismissed any knowledge of Police Constable Isaiah Murangiri, the officer suspected to have shot Rex, or the “Alfamine Squad” – an undercover police unit whose members were reportedly dressed in civilian clothing during the protests.

“I had 108 officers. I know them all because we have meetings every week,” Ekisa said.

Asked if he knew Murangiri, he replied: “I don't know him.”

Murangiri had testified earlier in the week and was allegedly identified at the scene through a distinct birthmark.

Ekisa revealed that on the day Rex was shot, there was also a report of a stolen civilian firearm within the city, though one of the reports on the case has never been recovered. He added that he sent an officer to Bliss Hospital to speak with staff who attended to Rex, but key information remained elusive.

“We made several attempts to visit the hospital in a bid to obtain the identities of those who took Masai in, hoping that would assist in concluding our investigations,” he said.

Ekisa confirmed that he forwarded the investigation file to the Director of Public Prosecutions (DPP) on October 11, 2024, but it has not been returned, and the toxicology report is still pending.

Rex Masai died after being shot in the leg while participating in peaceful protests against the Finance Bill. He later bled to death. The inquest continues on July 23.