The inquest into the death of protester Rex Masai has reached a critical stage, with the Milimani Magistrate's Court set to determine whether proceedings should be concluded or reopened to admit additional evidence from the National Police Service (NPS).
The Senior Principal Magistrate's court will deliver its ruling on July 30, 2026, after the Independent Policing Oversight Authority (IPOA) formally closed its case following the testimony of its final witness.
IPOA urged the court to proceed to the next stage of the inquest and make its findings based on the evidence already presented. However, lawyers representing the NPS opposed the move, arguing that seven additional witnesses should be allowed to testify before the matter is finalised.
The court will now decide whether to permit the fresh testimony or direct parties to proceed with final submissions before a determination is made on the circumstances surrounding Masai's death.
The latest development follows the conclusion of evidence from IPOA's lead investigator, Justin Nyatete, who was extensively cross-examined by all parties before the oversight authority closed its case.
During his testimony, Nyatete told the court that investigators were unable to identify the officer responsible for the fatal shooting despite months of investigation.
"At the time, I had recorded statements from about 19 witnesses. Based on the material gathered, I felt there was insufficient evidence to prefer charges against any person. The DPP agreed with that recommendation, and that is why we are here today," Nyatete testified.
He said the investigation encountered several obstacles, including alleged interference with the crime scene and what he described as a lack of cooperation from the NPS.
According to the investigator, available CCTV footage failed to clearly capture the face of the officer who discharged the firearm, while none of the witnesses interviewed directly saw the fatal shot being fired.
"The inquiry was unable to establish who fired the fatal shot," Nyatete told the court.
The inquest was initiated after the Director of Public Prosecutions declined to approve criminal charges, citing insufficient evidence to identify a suspect. The proceedings are intended to establish the facts surrounding Masai's death during anti-government demonstrations and determine whether any person may bear criminal responsibility.
The July 30 ruling is expected to chart the next course of the high-profile case, either paving the way for final submissions and a verdict or reopening the proceedings to accommodate additional witnesses sought by the police service.
Comments
Sign in with Google to comment, reply, and like comments.
Continue with Google