Police challenge court order to produce arms registers in Rex Masai inquest
The court's directive, issued after an oral request by the prosecution, required the registers to be tabled and marked as exhibits in the case.
The National Police Service (NPS) has filed an application at the Milimani Law Courts challenging a directive that compelled the production of arms movement registers in the ongoing inquest into the death of Rex Kanyike Masai.
Represented by G&A Advocates LLP, the police argue that the ruling delivered on September 3, 2025, by the Chief Magistrate's Court was unconstitutional, irregular, and in violation of statutory safeguards.
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The directive, issued after an oral request by the prosecution, required the registers to be tabled and marked as exhibits in the case.
In supporting documents, Police Corporal Fredrick Okapesi—the Central Police Station’s armourer—told the court that the registers had already been handed over to the Independent Policing Oversight Authority (IPOA) at the beginning of the inquest, in line with an earlier directive.
Highly sensitive records
Okapesi said he objected to releasing the documents over fears they could be interfered with, but the magistrate dismissed his objection. In his affidavit, he argued that the decision compelled the disclosure of highly sensitive records beyond the custodian’s legal authority.
He further claimed that his objection was not properly recorded in court, undermining both the right to be heard and the fairness of the proceedings.
The police also contend that the order breaches Sections 80 to 82 of the Evidence Act, which govern how public records should be introduced in court.
They argue that the chain of custody of the registers—essential for verifying authenticity—has now been compromised, posing risks to both confidentiality and security.
"The ruling has caused serious prejudice to the applicant, jeopardised protected security documents, and weakened the credibility of the inquest," reads part of the application.
NPS maintains that the order effectively forced a witness to surrender evidence without consent, contrary to the law.
The inquest is set to resume on October 30, when the three remaining witnesses are expected to testify.
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