High Court Sets Dates for Key Rulings in Kihara Hate Speech Case and Rex Masai Police Shooting Trial

Nairobi, Kenya – August 6, 2025

Kenya’s Judiciary is bracing for two landmark rulings this week, as the High Court prepares to deliver long-awaited decisions in both the Kihara incitement case and the Rex Masai police shooting trial — proceedings that have ignited national debates around hate speech, police brutality, and constitutional rights.

1. MP Kihara’s Hate Speech Ruling Scheduled for Friday

The first ruling involves Gatanga MP Patrick Kihara, who is accused of making inflammatory remarks deemed to incite ethnic hatred during a political rally earlier this year. The case, brought under the National Cohesion and Integration Act, centers on a viral clip in which the legislator allegedly urged constituents to “deal with” opposition communities — comments widely condemned as dangerous in the country’s fragile political climate.

The Director of Public Prosecutions (DPP) has argued that the statements were in clear violation of Sections 13 and 62of the Act, while Kihara’s defense maintains the clip was selectively edited and protected by free speech under Article 33 of the Constitution.

The ruling, expected on Friday, August 9, could set a precedent for how far political speech may go in a polarized democracy, especially in the wake of rising ethnic tensions and increased scrutiny of elected leaders’ conduct.

2. Rex Masai Murder Trial Reaches Critical Juncture

In a separate courtroom, the High Court will also rule on whether police officer Corporal Nicholas Musyoka will stand trial for the fatal shooting of 19-year-old Rex Masai during a youth-led protest in Nairobi’s Central Business District on June 20.

Masai’s death — captured in disturbing videos and widely circulated online — sparked nationwide protests and calls for deep police reforms. Witnesses allege that Musyoka fired live ammunition into a crowd of peaceful demonstrators, a claim supported by ballistic analysis and a post-mortem report confirming the teen died from a single gunshot wound to the chest.

The Independent Policing Oversight Authority (IPOA) recommended immediate prosecution, but the officer’s defense team insists that the scene was chaotic and that he acted in self-defense amid escalating violence.

The court is expected to decide on Thursday, August 8, whether the evidence warrants a full trial for murder or manslaughter — or if the officer will be acquitted at the preliminary stage.

Public Eyes on Judiciary

Both cases have become flashpoints in Kenya’s ongoing reckoning with impunity, state accountability, and free speech boundaries. Civil society groups, legal observers, and the international community have been closely watching the proceedings, urging the courts to reinforce the rule of law and protect constitutional rights.

The rulings, expected within 48 hours of each other, are likely to trigger public reactions — and could shape future political rhetoric and police conduct as the country gears up for the 2027 general elections.