Rex Maasai murder inquest: Police seek to block court order on production of firearms register

The National Police Service (NPS) has filed an application at the Milimani Law Courts seeking to overturn a ruling that compelled the production of arms movement registers in the inquest into the death of Rex Kanyike Maasai.

Through G&A Advocates LLP, the NPS argues that the September 3, 2025, decision by the Chief Magistrate’s Court was irregular, unconstitutional, and in violation of statutory safeguards. The ruling had directed that the registers be produced and marked as exhibits following an oral application by prosecution counsel.

In court filings, Police Corporal Fredrick Okapesi, the Central Police Station armourer, stated that the registers have been in the custody of the Independent Policing Oversight Authority (IPOA) since the inquest began, pursuant to an earlier court order. He said he objected to their release over fears of tampering or alteration, but his objection was dismissed.

“The decision compelled the release of sensitive evidence outside the lawful scope of the custodian’s authority and statutory protections,” Okapesi swore in his affidavit.

The police claim that his objection was omitted from the court record, undermining their right to be heard and the transparency of the proceedings.

They further contend that the order offends Sections 80, 81, and 82 of the Evidence Act, which set out procedures for producing public records in court, and that it undermines both confidentiality and the chain-of-custody obligations binding on police armourers.

“The ruling has caused grave prejudice to the applicant, compromised sensitive security records, and undermined the integrity of the inquest,” the application reads in part.

According to NPS, the ruling was made without the consent of the witness, effectively compelling the release of evidence beyond the lawful scope of custodian authority and statutory protection.

The inquest was today adjourned to October 30, when the three remaining witnesses are expected to testify.