Police opened fire on demonstrators before Rex Masai's death, inquest told

Casket bearing the remains of the late Rex Kanyike Masai at Kamuthanga Secondary School in Machakos County on July 5, 2024. [File, Standard]

In a gripping testimony before a Nairobi court, a protester on Monday recounted the chilling events surrounding the death of activist Rex Masai, placing the blame squarely on police officers.

The demonstrator, Fredrick Otieno, who is said to be an engineer and participated in the anti-Finance Bill protests in Nairobi on June 18 and 20, 2024, narrated before Milimani Law Courts how live bullets were fired by police officers during what he insists was a peaceful demonstration.

Otieno, who was testifying during an inquest before trial magistrate Geoffrey Onsarigo, told the court he did not witness any goons or gangs during the June protests.

He instead described a scene dominated by armed police officers - some in uniform, others in civilian clothing -moving aggressively against unarmed protesters.

"I never saw goons or gangs. It was just the police and the protesters," Otieno told the court.

He went on to mention that he saw both uniformed and plainclothes officers present during the protests. "The first time I saw the plainclothes officers, they were among those in uniform. Later, they left the group of uniformed police officers and moved into the crowd," he said.

The demonstrations, part of a nationwide movement against the controversial Finance Bill, 2024, had drawn a significant crowd in Nairobi's Central Business District.

Otieno, who was a regular participant in the protests, had been with Masai earlier that day, though he was not present at the scene where Masai was fatally shot.

Still, his testimony sheds troubling light on police conduct that day.

According to Otieno, the first gunshots rang out along Mama Ngina Street in Nairobi.

"I saw a police officer shooting live bullets, and if given the chance, I can identify him," he told the magistrate, adding that the sound of gunfire was distinct and unmistakable.

"We came to protest peacefully, but we were met with violence by police officers, both in civilian clothing and uniform. Many protesters were injured in the process," Otieno said.

He described the officer as wearing a black cap, a blue shirt, a dark jacket-possibly black or navy blue-blue jeans, and white sports shoes.

The officer, he claimed, was also armed with a club.

"He was shooting live rounds of ammunition using his pistol," Otieno said firmly.

"The aggression was one-sided. The police were always moving towards the protesters."

Throughout the afternoon and into the evening, Otieno said he witnessed escalating police response. "They were shooting live rounds. I could tell from the sounds. But these were not from the Rex Masai scene. The police were always moving towards the protesters," he noted.

At around Kencom, he claimed, rubber bullets were used on the fateful evening, but he emphasised that this was after significant force had already been applied earlier in the day.

"There was excessive use of force, especially before they even started shooting the rubber bullets in the evening around 6 pm and 7 pm.

''The protesters were not radical. They were calm," Otieno testified.

The witness added that during the confrontation, he stood behind officers near Corner House on Kimathi Street and saw them fire shots into the crowd.

"I was behind the police when they were shooting at people. I witnessed it myself," Otieno stated.

In a particularly disturbing revelation, Otieno told the inquest he collected bullet cartridges along Aga Khan Walk and near Kencom.

He said he handed some to other protesters but retained one, which he told the court he had left at home and is willing to surrender as evidence in court.

"I collected cartridges. I have one with me," he said.

Magistrate Onsarigo was forced to adjourn proceedings after activists jammed the court, chanting "justice for Rex".

The inquest resumes on June 9.