A police officer aims a teargas canister Anti-Finance Bill at protesters on June 25, 2024 on Kenyatta Avenue in Nairobi.
Nearly a year after at least 60 protestors were killed by security agents during violent anti-tax protests, the agency tasked with handling complaints against rogue police officers is still conducting investigations with only two cases in court.
Among the cases still under investigation are the nine murders that occurred at parliament buildings in the city centre during the June 25, 2024, anti-Finance Bill protests.
The Independent Policing and Oversight Authority (IPOA) has classified the nine deaths at Parliament – six as a result of gunshot wounds and three blunt force trauma- as “matters under active investigations.”
Most of the 60 deaths recorded nationwide were due to gunshots as police battled protestors at the height of the protests to pressure MPs to reject the Bill that detailed a raft of punitive taxes.
MPs ignored the public uprising to pass the Bill on the day youthful protestors stormed parliament but President William Ruto subsequently gave in to pressure and declined to sign the Bill into law.
Those who died in parliament on June 25, 2024, are Erickson Kyalo, David Chege, Beasley Kogi, Wilson Sitati, Kelvin Odhiambo Maina, Kenneth Njiru Mwangi, Ibrahim Kamau Wanjiru, Erick Kayoni Shieni and Ernest Kanyi.
On the day the nine were killed, lawmakers were inside parliament where they overwhelmingly passed the Bill as the protesters made their way into parliament buildings after overpowering anti-riot police officers.
“So far, out of the 60 death cases registered with IPOA, the Authority has completed 22 investigations, is actively pursuing 36, and has 2 cases currently before the courts,” IPOA said in a statement released on Monday night when a BBC report that exposed security agents who shot the protestors at parliament buildings was due to be screened. Kenyan authorities however pressured the BBC not to air the expose.
IPOA whose mandate is to investigate complaints against police officers, inspect police premises and monitor police operations to ensure they comply with legal and constitutional standards, said of the completed investigations, eight were still under review.
Four are in the final stages of report writing before submission to the Office of the Director of Public Prosecution (ODPP) for independent review, two were closed internally, four have been forwarded to the ODPP for review and three were closed following the ODPP directives.
Two of the cases are active in court and they include the shooting dead of Rex Masai and Evans Kiratu. Both cases are active at the Milimani Law Courts.
Masai was the first person to be shot dead during the protests. He was shot along Moi Avenue in Nairobi. An inquest into the killing of Masai is ongoing.
Already, Mr Isaiah Muraguri, a police officer implicated in his murder, is among those who have testified. Former Nairobi Police Commander Adamson Bungei who is currently the director of police operations has also testified in the case.
Cases that are under investigation are many compared to those whose investigations have been completed.
Other victims whose cases are still under investigation are Brian Kimathi, Ryan Mwenda, Abdikadir Saadia, Sammy Mutisya, Brian Mwinzi, Christopher Gitonga, Timothy Karenyua and Patrick Muthoni.
Others are Patrick Irungu, Juma Boidaras, Rashid Wagura, Joash Ombati, Dennis Otieno, Dennis Juma, Patrick Ameyo, Daniel Wanje, Titus Miheso, Caroline Shiramba and Reagan Ouko.
Those who were killed during anti-tax demos from left: Benson Mbithi, Evans Kitaru, Michael Kihuga, Austin Makhoka, Caroline Shiramba, Rex Masai, Eric Kayoni and Ibrahim Kamau.
The deaths of Austine Onyisa, Michael Kihunga, Kevin Madanga, John Nyabuto, Josephat Kingi and Benson Ouma are still being investigated.
Cases whose investigations have been completed but whose files are under review before being forwarded to the ODPP’s office are of victims Francis Sawe, Credo Oyaro, Kevin Ochieng and Brian Odhiambo.
Others are Brian Mike Kasaine, Daniel Kakai, Kennedy Onyango, Anthony Kimeu, Charles Owino, Shaquille Obienge, Alex Muteti, Denis Lubanga.
Files that are in the hands of the ODPP after being handed over by IPOA include; Tillen Odhiambo, Andrew Mwawasi, Emmanuel Tata and Anthony Mwangi.
The cases which were closed internally include the death of Joseph Gitau and the reason given for closing the matter is that his body had multiple injuries consistent with a fall from a motor vehicle.
Other cases closed as per the ODPP’s directive include the deaths of Sammy Maina, Frankline Ondwari and Lewis Msoro.
Frankline Ondwari disappeared on July 17, 2024, the very day he was released from Central Police Station.
IPOA said it had also recorded 233 injury cases during the demonstrations with 191 currently under active investigations.
“Of the remaining cases, 42 were closed internally, while 2 were forwarded to the ODPP. The Authority also observed instances of non-cooperation from both police officers and witnesses, which has hampered the progress of some investigations,” IPOA said.
