Police pistol submitted in court did not fire bullet that killed Rex Masai

Rex Masai. [Courtesy]

A firearms forensic examiner told the court yesterday that the bullet fragment submitted by the Independent Police Oversight Authority (IPOA) did not match any of the firearms handed to him for investigation.

Senior Sergeant Mdidi Mwandawiro testified before Milimani Magistrate Geoffrey Onsarigo, stating that he could not determine which, if any, of the pistols submitted by the Directorate of Criminal Investigations (DCI) from Central Police Station had fired the shot that killed Rex Masai.

"The bullet brought to our office did not pass through the pistols that were submitted to us for examination," he said.

According to the officer, the bullet fragment, submitted on July 1, 2024, was part of a cartridge weighing 0.38 grams. He added that it was likely fired from a Russian AK-1, a Kenyan-made Chalbi rifle, or an Israeli Galil gun. He noted the fragment bore a right-hand twist engraving, although its core was missing.

In a related development, Central Police Station armoury officer Fredrick Okapesi initially objected to submitting the station's arms register to the court.

Testifying about changes made to the register, Okapesi admitted using correction fluid to erase the name of Martin Githinji, replacing it with Simon Waweru. However, he left Githinji's signature intact, something he described as an oversight. He claimed it was a clerical error that he later attempted to rectify after discovering gaps that needed filling.

He further claimed that he would not have permitted Waweru to leave with a firearm had he known the proper signature was missing. Despite the discrepancies, Okapesi insisted that the mix-ups in signatures and force numbers were not an attempt to conceal the truth.

He also testified that no officers from Central Police Station returned their firearms with spent cartridges between June 18 and 20, 2024.

During cross-examination, Okapesi was asked whether he knew Constable Isaiah Murangiri, to which he replied that he could identify him physically. However, when presented with photographs in court, the officer became visibly uncomfortable and refused to confirm Murangiri's identity.

In one photograph, Murangiri was seen holding a tear gas launcher under his arm, with the weapon's butt clearly visible.

"Would you be surprised that Murangiri had a firearm?" asked prosecutor Jalson Makori.
Okapesi remained silent.

When pressed further about the item Murangiri was holding, he mumbled that it looked like an object, but unclear, before falling silent again.

In another photo, Murangiri appeared to be holding a long stick, again tucked under the armpit. When asked to identify the individual, based on their cap, white trainers, and t-shirt, Okapesi claimed the person wore a face mask and was actually Benson Kamau, another officer he had referenced extensively in his witness statement.

He alleged that Kamau had been the subject of social media speculation for allegedly shooting someone, which led to people storming his Facebook account.
Okapesi was also questioned about irregularities in officers' numbers and signatures on the arms register.

Separately, Zachary Mburu, an employee of Safaricom, testified that Murangiri's phone was traced within the Central Business District (CBD) on June 20, 2024.

He told the court that the number was located near St. Ellis House, opposite City Hall on Wabera Street, between 11:20am, 3:56pm, and 6:21pm. It was later detected in the Kencom area.

"The number was under the name Isaiah Murangiri," Mburu confirmed, adding that the location was identified using mobile phone masts, although triangulation does not provide an exact pinpoint.