Court rejects NPS bid to block firearms records in Masai inquest

A Nairobi court has rejected an application by the National Police Service (NPS) seeking to prevent the production of firearms movement registers in the ongoing inquest into the death of Rex Kanyike Masai.

Magistrate Geoffrey Onsarigo ruled on Thursday that the records, which document the issuance, movement, and accountability of police firearms, were lawfully produced and constituted “primary and material evidence directly relevant to the inquest, detailing issuance, movement, and accountability of firearms connected to the deceased's death.”

The court noted that the registers were held lawfully by the Independent Policing Oversight Authority (IPOA) under a prior court order, a fact that the applicant did not dispute.

The NPS had challenged the production of the registers, citing alleged irregularities, tampering, and procedural flaws. The magistrate, however, found these claims unsubstantiated.

Corporal Okapesi, the custodian of the registers, testified under oath that all entries and corrections were made personally by him and that no third party had interfered with the records.

In its application, the NPS argued 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.

The service also expressed concerns that the production of the documents could expose sensitive security information and affect the integrity of the records.

Magistrate Onsarigo concluded that “any alleged failure to record objections does not amount to a violation of the applicant's right to be heard,” noting that the substance of the concerns had been presented to the court.

The court highlighted the inquisitorial nature of inquests, stating that they are intended “to establish the circumstances surrounding a reportable death” rather than determine criminal culpability.

Sections 385 to 387 of the Criminal Procedure Code empower courts to summon and examine witnesses and admit evidence necessary to establish the facts.

In this context, the magistrate noted that strict adherence to technical evidentiary rules is relaxed to allow comprehensive fact-finding.

IPOA and the family of the late Masai opposed the NPS application, arguing that the registers were essential to ensuring a transparent and credible inquiry.

The family described the records as “primary evidence central to establishing the circumstances of the deceased's death and to our right to know the truth.”

The magistrate also addressed questions regarding the chain of custody and authenticity of the registers, affirming that the documents were properly preserved and corrections had been made in good faith.

On procedural matters, he ruled that a replying affidavit filed on October 29, 2025, while slightly imperfect, did not prejudice any party and remained admissible.

He concluded that the applicant had “not established sufficient grounds for the exercise of [the court’s] powers under Section 363 of the Criminal Procedure Code,” and that the admission of Exhibits 16A and 16B was lawful and necessary for the inquest.

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

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