The court was told by Independent Policing Oversight Authority (IPOA) Principal Investigator Justin Nyatete that after completing investigations, he prepared a case file containing witness statements, evidence and a summary of findings before forwarding it to the Office of the Director of Public Prosecutions (ODPP).
The court heard that Nyatete recommended an inquest rather than criminal charges because the available evidence was insufficient to identify and prosecute any individual officer.
“At the time, I had recorded statements from about 19 witnesses. Based on the material gathered, I felt there was insufficient evidence to prefer charges against any person. The DPP agreed with that recommendation, and that is why we are here today,” he said.
The court further heard that although additional photographs and videos were later received, they did not alter the conclusion reached during the investigations.
Nyatete cited several challenges that hindered the probe, including difficulties in preserving the crime scene and alleged lack of cooperation from the National Police Service (NPS).
The court was told that despite the scene having been interfered with, investigators managed to collect some evidence placing the deceased at the scene.
However, crucial exhibits, including the bullet that killed Masai, spent cartridges and the firearm used, were never recovered.
“I do not have an eyewitness who saw Rex Masai being shot. That was a challenge,” Nyatete told the court.
The court also heard that CCTV footage reviewed by investigators did not clearly capture the face of the officer who discharged the firearm, while none of the witnesses directly observed the shooting.
According to the investigator, the inquiry was therefore unable to conclusively establish who fired the fatal shot.
“We don’t have the bullet, the gun, the cartridge or an eyewitness. As we speak, I cannot tell who killed Rex Masai,” he said.
During cross-examination by counsel representing the Nps, the court heard that investigators interviewed a total of 26 witnesses, nine of whom were police officers.
Nyatete added that there are three officers who were summoned but failed to appear according to him the material could have helped
“The summons were clear that the they should …they had an obligation to comply,” he said.
