Lawyer Claims Cop Accused of Shooting Mask Seller Is Mistaken: "We Don't Know Who Did It"

• Police officer Klinzy Barasa Masinde was arrested and interdicted after being accused of shooting a mask vendor during protests in Nairobi
• Barasa, however, denied firing the rubber bullet that injured Boniface Mwangi Kariuki, with his legal team claiming he is a victim of mistaken identity, despite footage showing him at the scene
• His lawyers questioned the basis of the arrest, alleged reliance on AI-generated images, and called on IPOA to conduct an independent investigation into the incident

TUKO.co.ke journalist Harry Ivan Mboto has over three years of experience reporting on politics and current affairs in Kenya

When tear gas filled the air and tension escalated in Nairobi streets on Tuesday, June 17, one incident caught national attention: a mask vendor shot and a police officer in custody.

Now, that officer claims they got the wrong man.

Police Constable Klinzy Barasa Masinde was arrested and interdicted after allegedly shooting Boniface Mwangi Kariuki, a hawker selling masks, during the protests.

The arrest followed a directive by Inspector General of Police Douglas Kanja after disturbing video footage circulated online showing a confrontation involving police officers and civilians.

But in a sharp turn of events, Barasa has come forward through his legal team, led by lawyer Felix Kiprono Keaton, to deny the allegations.

The officer insists he did not fire the rubber bullet that hit Kariuki and is claiming he is a victim of mistaken identity.

“What you saw was a civilian being shot with a rubber bullet, but that bullet did not come from our client’s weapon. While two officers can be seen following the victim, the real question is, where did that rubber bullet come from?” Kiprono posed.

“Our client is clear. He did not discharge any firearm. This is a case of mistaken identity, and we do not know who actually fired the rubber bullet," he added.

The legal team called on the Independent Policing Oversight Authority (IPOA) to take over the investigation, expressing concern about the involvement of the Directorate of Criminal Investigations (DCI), particularly a unit that typically handles cases involving deaths.

The lawyers questioned this move, noting that the mask vendor was injured, not killed.

“While our client does appear in the video footage, ballistic analysis will confirm that the bullet did not come from his firearm. We urge the public to refrain from jumping to conclusions. The truth, when revealed in the ballistic report, will be surprising,” Kiprono continued.

When will Klinzy Barasa be arraigned?

According to the legal team, Barasa was summoned to record a statement at the DCI offices and is currently held at Capital Hill Police Station.

He is expected to be arraigned on Thursday, June 19 as investigations continue.

The defence also raised serious concerns about the identification process that led to Barasa’s arrest.

One of the lawyers alleged that the authorities may have relied on artificial intelligence to match an image to their client, which they claim is inaccurate.

“We have reason to believe the police may have used an AI-generated image to make the arrest. That method is not reliable. Our client should not be crucified based on faulty identification,” the lawyer said.

The team suspects that IPOA will request more days to hold Barasa in custody as investigations continue.

Is Boniface Kariuki still alive?

Kariuki is alive and receiving treatment at Kenyatta National Hospital after being shot during the protests. Doctors confirmed he remains in critical condition, unconscious but showing slight signs of stability following emergency surgery.

The medical team suspected that the object lodged in Kariuki’s head was a rubber bullet, though they stopped short of confirming it.

They said the projectile had been removed and submitted to the relevant authorities for expert forensic analysis, which would determine its exact nature.

Kariuki's father said he feels slightly relieved after confirming his son was still alive. He disclosed to the press that he had initially been informed that he had died on the spot after the shooting.

His fears were compounded by videos that circulated on social media thereafter, showing a police officer pull the trigger from close range.

Medics at KNH have promised to do everything possible to save Kariuki's life and other protesters who sustained injuries during the fracas.

Proofreading by Jackson Otukho, copy editor at TUKO.co.ke.

Source: TUKO.co.ke