DPP Ingonga reveals reasons for delays in prosecuting protest deaths

The Director of Public Prosecutions Renson Ingonga has revealed gaps in the Independent Policing and Oversight Authority (IPOA)'s probes into cases of deaths and injuries resulting from protests across various parts of the country.

Speaking while issuing an update on investigations conducted by the oversight body, Ingonga said his office had by June 19 received four files and accompanying reports which upon perusal he observed that all cannot proceed until various gaps ranging from witness statements and lack of sufficient evidence.

In the case of Rex Kanyeki Masai, the DPP argued that the people who took Rex Kanyeki Masai to the hospital have not come forward to record statements, including the key witness who was with the deceased during the shooting and who informed the deceased's parents after the incident occurred.

According to the DPP, the CCTV footage showing the shooting also does not identify the person who pulled the trigger.

"I call upon any person with information pertaining to this case, especially the witnesses who took the deceased to the hospital and those who witnessed the shooting, to come forward and record a statement with IPOA," he said.

Rex has since been buried.

In the case of Dr Dominic Wanjala Mutua, the DPP said the main suspect in the matter has denied firing a teargas canister at the victim.

He directed that further investigations be conducted to authenticate the video and a report submitted by the Communication Authority of Kenya (CAK) showing the alleged incident.

"In addition, I have also directed that a report from the ballistic examiner be availed," he added.

In the third case of Evans Kiratu Karobia who died while undergoing treatment at the Kenyatta National Hospital (KNH), the DPP said investigations show that the cause of death was identified as multiple organ injuries due to blunt force trauma.

However, no person has recorded any statement regarding the incident of the deceased being assaulted.

"I have directed IPOA that this matter be placed before a competent court for a public inquest. I call upon the public or any other person with information pertaining to this case to come forward and record a statement with IPOA. This will enable the state to ascertain the cause of the injuries noted in the post-mortem report," he said.

In the fourth case, regarding the shooting of Gianna Markel Obonyo on June 25th 2024, the DPP said he shall review the case and make further directions once the investigations file is resubmitted with the ballistics report.

Obonyo suffered a gunshot wound in the lower back while riding a bicycle in her parents' compound and was admitted to the Kenyatta National Hospital (KNH) where he underwent surgery to remove the bullet.

"To date the investigations carried out so far have not found any person culpable and I call upon the public or any person with information about this case to come forward and record a statement with IPOA. My office undertakes to work with other government agencies to ensure the safety of victims and witnesses," said Ingonga.

The office is also working on several active cases involving 19 police officers in Nairobi, including one who has since been charged with murder.

Other pending cases before various courts involving police officers include; three in Laikipia County, three in Meru County, one in Taita Taveta County, one involving the death of baby Samantha Pendo which occurred during protests in 2017 and the Kianjakoma brothers' killings in 2021.

"Further, I have directed IPOA to investigate the shooting of Catherine Njeri Wariuki, a Kameme FM and TV reporter, which allegedly occurred within Nakuru County on 16th July 2024," ordered the DPP.