The family of Rex Masai, who was reportedly shot by police during protests against the Finance Bill 2024, is struggling to get justice.
They face numerous obstacles in the investigation of his death, which has taken a troubling turn with the withdrawal of the only eyewitness's statement.
Rex’s mother, Gillian Munyao, expressed her frustration over the slow pace of the investigation and the challenges they face in uncovering the truth about her son’s death.
On Friday, July 26, at the Catholic University during a Citizens Assembly, Gillian revealed that the key witness had retracted their statement due to intimidation.
This has added another layer of difficulty to an already painful situation for the family, who are determined to find out what really happened to Rex.
Rex Masai, 29, was fatally shot on June 20 outside the Hilton Hotel along Moi Avenue in Nairobi around 7 pm. He was walking home with a friend when the incident occurred.
According to Gillian, a rogue police officer fired live rounds, one of which hit Rex. The bullet, which remained lodged in his body, caused severe bleeding, leading to his death.
Gillian’s anguish deepened when she revealed that Rex’s body had been tampered with before the autopsy.
"I was with my son moments after he was pronounced dead at the hospital. The doctor showed me a bullet lodged in his left thigh. But when the autopsy was conducted the next day, the bullet was no longer there," she recounted.
She continued, "There was an opening on his left thigh. I asked, ‘This small thing is what killed my son?’ They told me that is where the bullet was stuck.
The doctor pressed it and said, ‘You see that hard thing, it is the bullet, and we are not allowed to remove it because the police are here and have taken the report.’"
On the day of the autopsy, the family discovered that the bullet had been removed, making their quest for justice even more complicated. "In my mind, I know how I left the child; he is still like that. But we found they had already removed the bullet," Gillian revealed.
The post-mortem confirmed that Rex died from excessive bleeding. Reports from both the government and the family’s pathologists indicated that the bullet wound to his thigh caused significant blood loss.
Adding to the family's distress, the post-mortem was delayed for over four hours as they waited for a file to arrive from the Central Police Station. This prolonged their agony and highlighted the systemic hurdles they face.
Director of Public Prosecutions Renson Ingonga recently informed Kenyans that the CCTV footage from the incident does not clearly identify the shooter.
"The CCTV footage showing the shooting does not identify the person who pulled the trigger," Ingonga stated.
The Independent Policing Oversight Authority (IPOA) has also struggled to find witnesses to Rex's death and the deaths of four others during the protests. This lack of eyewitnesses has hindered the investigation, which has now taken on broader anti-government overtones.
However, the President of the Law Society of Kenya, Faith Odhiambo, criticized Ingonga’s stance.
"The ODPP has the authority to direct police to offer security to witnesses and to conduct a more thorough investigation," she argued.
"The kind of cases we have seen shows that people are reluctant to come forward due to fear. I was quite disappointed by the statement from the Director of Public Prosecutions. He should be providing solutions instead of saying there is nothing he can do."
Gillian Munyao is not only battling for justice for her son but also trying to navigate a complex legal and bureaucratic system.
Her fight has brought attention to the broader issues of police brutality and the challenges faced by those seeking justice in Kenya.
The withdrawal of the witness’s statement has been a major setback for the investigation. The witness, who had initially provided a crucial account of the events, retracted their statement due to fear and intimidation. This has made it even harder for the family to prove their claims and seek justice.
The IPOA, tasked with investigating the incident, has faced numerous challenges in gathering evidence and witnesses. Many people are afraid to come forward, fearing repercussions from the authorities. This has stalled the investigation and left the family in a state of limbo.
Gillian's public appeal for justice has resonated with many Kenyans who have experienced similar struggles. Her story has been widely covered in the media, bringing national attention to the case.
The family's lawyer has called for a more transparent and thorough investigation. They have urged the authorities to protect witnesses and ensure that all evidence is preserved and examined impartially.
The lawyer has also called for the immediate release of the CCTV footage and any other relevant evidence to the family and their legal team.
The public outcry over Rex Masai's death has led to increased scrutiny of police actions during protests.
Many activists and human rights organizations have demanded accountability and justice for all victims of police violence.
They argue that the government's response to the protests has been heavy-handed and that there needs to be a comprehensive review of police conduct during such events.
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