Court orders continued detention of officers Klinzy Barasa, Duncan Kiprono

A Nairobi court has ordered the continued detention of two police constables accused of fatally shooting a street mask vendor during the June 17 anti-finance bill protests in the city centre.

Constables Klinzy Masinde Barasa (Kayole Police Station) and Duncan Kiprono (Kileleshwa Police Station) will now remain in custody at Capitol Hill Police Station until July 10, 2025, as investigations into the killing of Boniface Kariuki Mwangi continue.

Milimani Principal Magistrate Benmark Ekhubi granted the extension following an application by the Director of Public Prosecutions (DPP), who cited ongoing investigations by the Independent Policing Oversight Authority (IPOA).

“We have had discussion with the defence lawyers and we are agreeable to have the two officers be held for seven more days instead of 14 days requested earlier,” State Counsel Victor Owiti told the court.

Owiti further indicated that although IPOA had initially sought to extract DNA samples from the suspects to assist in forensic analysis, that request had been dropped.

 “We have withdrawn the prayer to compel the officers to give DNA samples,” he added, emphasizing that IPOA still required time to finalize postmortem reports, ballistic testing, surveillance review, and key witness interviews.

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In his ruling, Magistrate Ekhubi stated: “I hereby order the respondents, Constables Masinde and Kiprono, be detained further at Capitol Hill Police Station pending investigations.”

The magistrate also acknowledged the presence of the deceased’s family in court and offered his condolences.

“On behalf of the Judiciary, I send condolences to the family and relatives of Kariuki… poleni sana, may God give you peace following the demise of your loved one.”

An affidavit sworn by Sarah Mwea, Assistant Director of Investigations at IPOA, supported the application to extend detention.

Mwea detailed the ongoing inquiry under case file IPOA/INV/518/2025, which followed the shooting of Kariuki during demonstrations in Nairobi's Central Business District.

According to the affidavit, the deceased was shot on June 17, 2025, and succumbed to his injuries on June 30, 2025 at Kenyatta National Hospital.

IPOA has taken over investigations from the Directorate of Criminal Investigations (DCI) due to the death resulting from police action.

Investigator Mwea informed the court that they are yet to visit the crime scene, submit firearms and exhibits for ballistic testing, collect hospital records, and authenticate video footage via the Communications Authority.

IPOA argued that releasing the officers could lead to interference with witnesses or tampering with evidence, as both are active-duty officers stationed in Nairobi.

There is an outstanding need to record more civilian and police witness statements, retrieve operational orders from the Nairobi Regional Police Command, and finalize scene of crime reports and forensic results from the Government Chemist.

IPOA initially requested a 14-day extension, but the prosecution agreed to reduce this to seven days, citing discussions with the defense counsel

The court emphasized that the gravity and public interest surrounding the incident necessitate thorough and independent investigations before determining further legal action.