A magistrate’s court in Nairobi has declined a request by the National Police Service to stop the use of police firearms records in the inquest into the death of Rex Kanyike Masai, saying the documents are legal and central to the inquiry.
Magistrate Geoffrey Onsarigo said the firearms movement registers, which show how police guns were issued and tracked, were properly produced and form important evidence linked to Masai’s killing.
He said the documents directly detail how firearms connected to the incident were handled.
The court noted that the Independent Policing Oversight Authority (IPOA) was in lawful possession of the registers following an earlier court order, and the police did not challenge that position.
The police had claimed the records were irregular, tampered with, and obtained through flawed procedures. However, the court found no proof to support those allegations.
Corporal Okapesi, who keeps the registers, told the court under oath that he made all entries and corrections himself and that no other person altered the records.
In its bid, the police argued that official records such as the Arms Movement Register should only be produced with approval from the lawful custodian and in line with statutory procedures. The service also said releasing the records could expose sensitive security details and affect the integrity of the documents.
The magistrate dismissed the concerns, saying “any alleged failure to record objections does not amount to a violation of the applicant's right to be heard,” and added that the police had already raised their issues before the court.
He explained that inquests are meant to find out how a reportable death occurred, not to decide criminal guilt. He said the law allows courts to summon witnesses and accept evidence needed to establish facts, and that strict technical rules are relaxed to allow full inquiry.
IPOA and Masai’s family opposed the police application, saying the registers are necessary to ensure the process is open and credible. The family said the documents are “primary evidence central to establishing the circumstances of the deceased's death and to our right to know the truth.”
The court also addressed concerns about how the records were handled, ruling that the documents were preserved properly and that corrections were made in good faith.
On procedural matters, the magistrate said a replying affidavit filed on October 29, 2025, despite minor flaws, did not harm any party and was admissible.
He ruled that the police 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 killed along Moi Avenue during protests against the 2024 Finance Bill, which led to clashes between police and demonstrators and caused several deaths and injuries.
The inquest is examining how Masai died and whether any criminal responsibility arises from the circumstances of his death.
