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such as through a BBC official other than the journalist. 115 Nothing in Kenya’s Evidence Actprevents the introduction of audio material in the absence of the person who recorded it. 116Kenyan law permits prosecutors to reinitiate cases that have been withdrawn due to lack ofevidence—an option for the Kibor case, either under a special mechanism or in theordinary courts. 1173. Republic v. Edward Kirui 118On January 16, 2008, a journalist from Kenya Television Network (KTN), while filming anti-Kibaki demonstrations in Kondele, a Kisumu neighborhood, captured footage of a policeofficer shooting two unarmed protestors, George William Onyango and Ismail Chacha. Bothyoung men died as a result of the shootings. 119The footage was shown on KTN’s evening news. Police spokesperson Eric Kiraithe initiallydismissed it as computer generated, equating it to a “Rambo movie.” 120 But whenOnyango’s brother spoke out about the killing at a press conference, police were forced totake the matter more seriously. Police constable Edward Kirui was arrested on the basisthat he was identified in the video.The case went to trial in April 2008, and was concluded in February 2009. The prosecutionpresented eyewitness testimony from persons present at the crime scene who recognizedKirui as the shooter. 121 Further, two police officers, including Chief Inspector Hansent Kaloki,the Officer Commanding Station at Kondele at the time of the shooting, testified that theyrecognized Kirui in the video footage. The KTN footage was presented in court as evidence.However, on June 21, 2010, Kirui was acquitted. Kenyan civil society organizations haveattributed the acquittal to police tampering with the evidence. 122 According to testimony115 Human Rights Watch interview with Keriako Tobiko, Nairobi, September 22, 2011.116 Evidence Act, National Council for Law Reporting, Chapter 80 of the Laws of Kenya, revised 2009.117 Criminal Procedure Code, section 82(1).118 Republic v. Edward Kirui, Nairobi High Court, HCCR 9/08.119 The KTN footage is available at http://www.youtube.com/watch?v=vcJqA2bdIyc (accessed July 18, 2011).120 Human Rights Watch interview with a lawyer, Kisumu, May 11, 2011.121 Republic v. Edward Kirui, ruling. See also testimony of Prosecution Witness 1,http://www.kenyalaw.org/CaseSearch/view_preview1.php?link=21176940175128656206330 (accessed July 18, 2011).122 In a briefing paper circulated by ICJ-Kenya, the organization argued: “One critical question omitted by the judge iswhether the prosecution was negligent. Why did they fail to see the obvious ‘mistake’? In any case, the prosecution’s casewas based on the firearm! If this matter is to be put to rest and justice is to be served, these questions ought to be answered.Past experiences, and in particular this case, has proved that the police cannot be left to investigate themselves. It is onlyfair that an independent inquiry ought to be instituted, with a clear objective of answering the above questions. The aim33 HUMAN RIGHTS WATCH | DECEMBER 2011