Police Seek to Overturn Court Order in Rex Massai Inquest

A photo of Rex Kanyike Masai who was shot during the june 2024 anti- finance bill protest/ photo/X

The inquest into the death of Rex Kanyike Massai at the Milimani Law Courts took a new turn on Thursday after the National Police Service (NPS) filed an urgent application seeking to overturn a ruling that compelled the production of the Arms Movement Register as evidence.

In a Notice of Motion dated 22nd September 2025, lodged under Section 363 of the Criminal Procedure Code, NPS through their lawyers G & A Advocates LLP asked the court to review, set aside, or vacate an ex tempore ruling delivered on 3rd September 2025.

The ruling had directed that the Arms Movement Registers be produced in court and marked as Exhibits 16A and 16B following an oral application by the prosecution.

The police argue that the order was issued irregularly and in breach of the law. In a supporting affidavit, Corporal Fredrick Okapesi, an armourer attached to Central Police Station and the lawful custodian of the registers, stated that he was summoned to testify during the September 3rd session but objected to the registers being admitted as exhibits.

He explained that at the time, the registers had already been handed over to the Independent Policing Oversight Authority (IPOA) pursuant to an earlier court order, and that their production without his sanction as custodian violated the chain of custody and confidentiality safeguards.

Okapesi further deposed that his objection was ignored and not recorded in the proceedings, thereby undermining his right to be heard under Article 50 of the Constitution.

The police maintain that the ruling contravened Sections 80, 81, and 82 of the Evidence Act, which strictly govern how public documents can be produced in court, and argue that admitting such sensitive security records outside the lawful framework has compromised both due process and national security.

When the matter came up for hearing before Principal Magistrate Geoffrey Onsarigo, prosecutors informed the court that they had lined up one witness.

However, they sought an adjournment to allow him to clarify issues contained in his report before giving evidence.

The State added that three other witnesses were still pending, including government pathologist Dr. Johansen Oduor, who is currently in Mombasa handling the Shakahola massacre case, as well as the investigating officer.

“We have only one witness present today, but we are seeking an adjournment so that he can first clarify issues contained in his report before testifying.”stated prosecution.

Attention then turned to the fresh NPS application, which had been served that morning. The State told the court that while they had seen the application through IPOA, they had not yet been served formally and requested 14 days to file a response.

IPOA, which has been mentioned adversely in the application, also asked for more time to prepare a reply, confirming that it did not oppose the adjournment.

Counsel for one of the interested parties further requested to be served with the application, while counsel for the national police service maintained that all parties had already been served and indicated no objection to the request for time.

“All parties have already been served, but we have no objection to the State and IPOA being given time to respond.”NPS counsel stated.

In his directions, principal magistrate Onsarigo ordered that all parties file written responses and submissions on the application before a ruling is issued.

“All parties are at liberty to file written responses and submissions. The court will thereafter give a ruling.”stated Onsarigo.

The matter was then adjourned to 30th October 2025 for further hearing.

The outcome of the application will determine whether the disputed registers remain part of the official record in the inquest into Rex Kanyike Massai’s death, a case that has drawn significant public interest and placed IPOA and the police on opposing sides.