In courts: Ruling expected over firearms records in Rex Masai death inquest

A Nairobi court is set to rule on whether police should retain custody of firearms movement registers or whether the sensitive records should remain under the court’s control in the ongoing inquest into the death of protester Rex Kanyike Masai.

The decision follows a protracted legal contest between the National Police Service (NPS) and the prosecution over the handling, custody, and production of the Arms Movement Register—official records that track the issuance and return of police firearms.

The outcome is expected to determine how critical evidence will be managed as the inquest seeks to establish the circumstances under which Masai was shot and killed during the anti-finance bill protests in Nairobi in June 2024.

The dispute over the records emerged prominently in late September 2025, when a police armourer attached to Central Police Station moved to block their production in court.

Corporal Fredrick Okapesi filed an application on behalf of the NPS seeking a review of an earlier ruling that had compelled him to produce the registers.

In his court filings, Okapesi argued that the order violated provisions of the Evidence Act governing the production of public and sensitive documents.

He maintained that official records such as the Arms Movement Register could only be produced with the sanction of the lawful custodian and in accordance with established statutory procedures.

He further contended that the ruling exposed sensitive security information and posed risks to the integrity of the records.

The armourer also raised concerns over the chain of custody, arguing that once released, the registers could be susceptible to tampering or alteration, thereby compromising their evidentiary value.

He claimed that the manner in which the documents were ordered infringed on due process and prejudiced the NPS.

The prosecution opposed the application, maintaining that the registers were central to establishing which officers were issued with firearms on the day of the protests and whether any of those weapons discharged live ammunition.

The records, the prosecution argues, are necessary to assist the court in determining the factual circumstances surrounding Masai’s death.

The firearms records dispute has unfolded alongside broader differences within the inquest proceedings.

On October 30, 2025, the inquest took a new turn when the NPS questioned the Director of Public Prosecutions (DPP) over the timing of the decision to involve the Independent Policing Oversight Authority (IPOA) in the matter.

The NPS argued that IPOA was engaged too soon after the incident, raising concerns about objectivity in the handling of the case.

At the same sitting, both parties addressed the issue of witnesses, with the NPS indicating it had proposed additional witnesses to address what it viewed as gaps in the evidence presented so far.

The prosecution, on its part, maintained that several IPOA witnesses were yet to testify and that their evidence remained crucial to the inquest.

The court directed both sides to harmonise their witness lists and work towards a common framework, emphasising the need for a comprehensive and orderly inquiry.

Masai was fatally shot along Moi Avenue during demonstrations against the Finance Bill, protests that saw clashes between police and demonstrators and resulted in multiple deaths and injuries.

The inquest is tasked with establishing how Masai died and whether criminal responsibility arises from the circumstances of his death.

Today’s ruling on the firearms records is expected to shape the next phase of the inquest.