Rex Masai could have been shot by anyone including a goon, ex-Nairobi police boss Bungei claims

Former Nairobi regional police commander Adamson Bungei has told an inquest into the killing of Rex Masai during the Gen Z protests on June 20 last year that there was no operational order on how to deal with the situation.

Bungei, who is now the National Police Service Director of Operations, told the inquest that the CBD was “invaded” by a group of persons calling themselves Gen Z, which led to a full demonstration.

The police chief, the fifth person to testify, further said that no firearm was used  by the police against the demonstrators during the demonstration despite intervention by various security agencies to save the country from the “Congo situation”.

While answering questions from lawyers representing the deceased’s family, Bungei, who was the fifth witness, said in such a situation, Masai could have been shot by anyone including a private gun holder or a goon in the demonstrations.

He added the situation required officers from different security agencies, including the National Police Service, Kenya Prisons Service and the National Youth Service (NYS,) to act.

“It was a reactional act,” said Bungei, adding that owing to the chaotic situation occasioned by huge crowds that were vandalising private property and destroying police vehicles, “police had to act”.

The absence of the operational order means details of security officers deployed in the CBD cannot be availed to help in identifying who shot Masai.

He said police had not notification of the planned demonstrations save for social media chatter suggesting there could be protests.

“There was no report in place on the same but police were on normal deployment,” stated Bungei.

Bungei said that on June 20 last year, he received a call from the then Nairobi Central Sub County Police Commander Doris Mugambi at around 8 pm about a death reported by an attendant at Bliss Hospital.

The report had been made by an attendant at the hospital located along Tom Mboya Street who informed the police that a wounded patient had succumbed.

Masai had been shot on the left thigh and succumbed at the hospital as medics made efforts to save his life as a result of excessive bleeding.

Upon being pressed to explain how police dealt with the situation without a plan, Bungei said there were officers deployed within Nairobi as usual but there was no operation order to respond to the rioters.

He said police could not prepare for the demonstrators because the organisers had not made a report about of the intended demonstrations and therefore there was nothing to prepare for.

“Police deploy daily so the only thing that police did on that day was reacting to the situation and that was a reactional action that led to deployment of each available police officer or security agency within the CBD,” stated Bungei. “We did not have a specific deployment to mention a person in charge of it.”

Earlier, while testifying at the inquest a police officer alleged to be responsible for the death of Masai denied any connection with the incident.

Isaiah Ndumba, who is said to have fired either a bullet or canister that hit Masai resulting in excessive bleeding, insisted that his name was wrongfully implicated by “unnamed haters.”

Ndumba told an inquest into Masai’s death said he had been deployed at the Kenyatta International Conference Centre (KICC) entrance from 5 am until around 6 pm on the day of the protests in the Nairobi Central Business District (CBD) .

He told the court that he left KICC in a police land cruiser for Central Police Station from where he departed for his residence in Ngara estate.

He also denied being armed with a firearm, instead telling the hearing that he was only in possession of a “logger,” a tool used for handling teargas canisters but did not fire any teargas or engage in any violent actions during the demonstrations.

Nduba claimed that he learnt of Masai’s death through social media as he did not report to work for the next two days.

However, during the inquest hearing, new details emerged that cast doubt on his testimony. A report from the Independent Police Oversight Authority (IPOA) had indicated that Ndumba remained in the CBD until approximately 10 pm, contradicting his claims of leaving earlier in the evening.

Additionally, IPOA investigators discovered that Ndumba had a third phone number, which was no longer in use, despite his earlier insistence that he had only two registered numbers.

The inquest has also heard from other key witnesses, including another police officer Benson Kamau, who was armed with a Jericho pistol but said his role was to gather intelligence rather than engage directly in the protests.

Kamau, who was deployedat Museum Hill near the Kileleshwa-Parklands junction, emphasised that his primary responsibility was to relay information to senior officers.

The emotional testimony of Rex’s family members underscored the personal toll of the tragic incident.

Rex’s father, Chrisphine Odhiambo, tearfully recalled finding his son’s lifeless body at Bliss Hospital before it was transferred to the City Mortuary.

His brother, Wesley Joe, confirmed seeing a bullet wound on Rex’s left thigh.

The protests, sparked by widespread discontent with the proposed tax hikes and economic measures, saw numerous clashes between demonstrators and police forces in June 2024.

The protests against the Finance Bill 2024 resulted in significant unrest and tragic losses.