Former Nairobi Regional Commander Adamson Bungei on Wednesday, February 5 claimed that the police did not have any role to play in the fatal shooting of the late 29-year-old Rex Kanyike Masai during the Gen Z protests on June 20, 2024.
Bungei, who testified as the fifth witness, insisted that no gunfire took place on that night, claiming that anyone could have opened fire on Masai in the Nairobi Central Business District (CBD) during the protests, including a private gun-holder or a goon.
An inquest is ongoing at the Milimani Law Courts before Senior Principal Magistrate Geoffrey Onsarigo, aiming to reveal the truth behind Masai's death.
When pressed on the incident, Bungei argued that access to firearms is not limited to police officers and noted that personnel from different police units were deployed on the day of the incident.
Former Nairobi Regional Police Commander, Adamson Bungei during his court appearance on February 5, 2024. /FRANCIS GAITHO
However, he stated that he was unable to disclose to the court how the officers were assigned their duties during patrols that day."I cannot provide details there were none I say this because that was a reaction response," Bungei, who is now the Kenya Police Service Director of Operations, defended.
According to Bungei, there was no operational order at the time Masai was shot dead, and different security agencies had responded to save the country from the "Congo (DRC) situation".
The situation that unfolded in Nairobi's CBD necessitated action from officers across various security agencies, including the National Police Service, Kenya Prisons Service, and the National Youth Service (NYS), something he argued was necessary for purposes of protecting the citizens and property.
"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 the deployment of each available police officer or security agency within the CBD," stated Bungei.
He stated that the deployment was based on the specific needs at the time, with police being assigned to take action and ensure the involvement of all necessary services, including the military team.
Bungei nonetheless termed this a reactional act, adding that owing to the chaotic situation occasioned by huge crowds that were vandalising private property and destroying police vehicles, "police had to act".
He however remarked that the absence of the operational order meant that details of security officers deployed in Nairobi including the CBD could not be availed to help in identifying who exactly shot Masai.
"We did not have a specific deployment to mention a person was in charge of. It was an emergency situation that was being responded to and in police service, operational procedures depend on the situation to determine reactional action to be taken at that time of need," he added.
As the officer responsible for security and law enforcement in the region, Bungei stated that he was unaware of whether Rex Masai had sustained any injuries. If he had, Bungei could not confirm whether they were caused by a gunshot.
He only referred to a call he received on June 20, 2024, at around 8 p.m. from the then Nairobi Central Sub-County Police Commander, Doris Mugambi, regarding a death reported by an attendant at Bliss Hospital on Tom Mboya Street.
The hospital attendant informed the police that the injured patient had passed away. Masai had suffered a gunshot wound to his left thigh and succumbed to excessive bleeding despite efforts by medics to save him.
Furthermore, the former Nairobi police boss claimed that the police department did not know about the protests beforehand and that they observed activity on social media which suggested that the protests against the Finance Bill 2024 would take place.
The case raised burning concerns regarding police accountability, operational strategies, and the use of force during public protests.
Bungei's testimony has left unanswered questions about the events of that night, especially regarding officer deployment and the cause of the deceased's injuries.
Collage of the late Rex Kanyike Masai and a plain clothes police officer opening fire at protesters on June 20, 2024. /VIRAL TEA KE