Thursday, May 1, 2025

Gen Z protest cases: ODPP pushes for inquests as investigations yield mixed results

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The Director of Public Prosecutions, Renson Ingonga at a past function. PHOTO/@ODPP_KE/X

The Office of the Director of Public Prosecutions (ODPP) has announced progress in investigations into deaths and injuries linked to the June 2024 Gen Z protests, with some cases now headed to public inquests while others have been closed or referred for further investigation.

In a press statement dated April 30, 2025, the ODPP confirmed that it had received several files from the Independent Policing Oversight Authority (IPOA) touching on incidents that occurred during the nationwide demonstrations.

“Since 19th June 2024, the Office of the Director of Public Prosecutions (ODPP) received a number of inquiry files from the Independent Policing Oversight Authority (IPOA) touching on deaths and other related injuries during protests in various parts of the country,” the statement read.

The ODPP stated that it issued different directions for each file based on the available evidence.

“Upon receipt thereof and review thereof, the ODPP gave various directions thereon, including closure of some, further investigations thereon by IPOA and or the Inspector General of the National Police Service, where appropriate, in accordance with the law,” the office stated.

Public inquest cases

Two high-profile deaths — those of Rex Kanyike Masai and Evans Kiratu Karobia — have been referred to public inquests.

In the case of Rex Kanyike Masai, who died from a gunshot wound to the thigh, a public inquest has been initiated due to challenges in identifying the shooter from CCTV footage and a lack of witness statements.

“The DPP referred the matter to a public inquest vide MCCR Inquest No. E015 of 2024, which was filed on 15th October 2024. 8 witnesses have since testified, with 12 more left. The inquest is fixed for further hearing on 12th and 19th May 2025,” the DPP stated.

Slain protester Rex Kanyike Masai. PHOTO/@HEBabuOwino/X
Slain protester Rex Kanyike Masai. PHOTO/@HEBabuOwino/X

For Karobia, who died from injuries sustained on June 20, 2024, in Nairobi CBD, the DPP has directed that the case proceed to a public inquiry due to a lack of witness statements regarding the incident.

“Noting that he had no gunshot wounds, the DPP referred the matter to a public inquest vide MCCR Inquest No. Eoo8 of 2024, which was filed on 15th August 2024. 1 witness has since testified, with 7 more remaining. The inquest is fixed for mention on 18th June 2025 to fix a further hearing date,” the DPP indicated.

Closed cases

Several cases have been closed due to insufficient evidence.

This includes the case of Tillan Odhiambo, where the DPP closed the inquiry file after medical reports found no grounds for prosecution.

“The available medical evidence from the pathologist did not disclose any offence,” the DPP stated.

For Lewis Mroso, the ODPP cited a lack of witness accounts and no indication of police involvement.

Gen Z protest cases: ODPP pushes for inquests as investigations yield mixed results
Family members of people killed during anti-government protests last year hold portraits of their departed relatives when they visited Independent Policing Oversight Authority offices in Nairobi on July 31, 2024. PHOTO/Bernard Malonza

However, in Mroso’s case, the DPP instead directed the DCI Parklands office to pursue a new inquest.

“The DPP directed the DCI Parklands to open an Inquest File No. 4 of 2004 to enable further investigations thereon,” the statement reads.

Regarding Sammy Cullen Maina, whose body was found on June 9, 2024, the death was attributed to a traffic accident.

“In line with IPOA’s recommendation, the DPP directed that the IPOA inquiry file be closed as there was no evidence of police involvement,” the DPP added.

As for Frankline Ondwari, who died after being released from police custody, his case was ruled a suspected suicide, leading to the closure of his file.

“Mr Ondwari had died by suspected suicide after having been released from police custody, and noting that the allegations of abduction by the police could not be established,” the DPP stated.

For Emmanuel Giggs Tata, whose case was received by the ODPP in September 2024, the authority cited a lack of police connection.

“Accordingly, via a letter dated 28th March 2025, the DPP directed that the IPOA file be closed with the rider so that the same may be reviewed should any new information arise,” the DPP explained.

Ongoing investigations

In the shooting of Gianna Markel Obonyo, who was shot while cycling in her parents’ compound, the ODPP announced that it is awaiting a ballistics report.

Regarding Andrew Mwawasi, who was reportedly shot in Githurai 44, the ODPP stated that it “is currently undertaking a review of the inquiry file and shall take the appropriate action at the soonest possible time.”

In the case of Anthony Mwangi, a police officer allegedly shot by a fellow officer, the ODPP stated that it is awaiting information from the Internal Affairs Unit and IPOA on the outcome of the ODPP Diversion Policy and Guidelines.

One case currently under renewed investigation involves journalist Dominic Wanjala Mutua, who was struck by a teargas canister fired at close range on June 18, 2024.

The DPP has directed IPOA to conduct further investigations, especially regarding the authenticity of video footage purportedly capturing the incident.

“The DPP referred the file back to IPOA for further investigations, including as regards the authenticity of the video in which the officer was allegedly captured firing the canister at the victim,” the statement indicated.

Call for justice

The ODPP also emphasised that judicial action alone may not be sufficient to resolve the complex issues raised by the protests.

“The events of 25th June 2024 were unprecedented and hence, a public inquest on its own may not wholly address the issues. A whole-of-society approach may be needed,” the office stated.

The DPP further appealed to the public to assist by sharing any information related to the pending cases.

“The DPP reiterates his calls upon the public or any other person with information pertaining to any of the pending cases 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,” the statement said.