NAIROBI, Kenya – A police armourer has challenged a court order requiring him to produce key firearm registers in the ongoing inquest into the death of Rex Kanyike Masai, who was shot during anti-Finance Bill protests in Nairobi last year.
Corporal Fredrick Okapesi, attached to Central Police Station, has filed an application on behalf of the National Police Service (NPS) seeking a review of a Milimani court ruling that directed him to release the Arms Movement Register — a document recording the issue and return of police firearms.
Okapesi argues that the September order compelling the production of the registers violated procedure and jeopardised the confidentiality of sensitive security records.
“The ruling offends sections 80, 81, and 82 of the Evidence Act on the procedure for producing public records in evidence. Official and sensitive documents must only be produced with the sanction of their lawful custodian,” he states in court filings.
He further claims that the prosecution made an oral application for the records without following proper channels, and that the court failed to record the reasons for his objection in the official record.
According to him, the omission undermines his right to be heard and weakens transparency in the proceedings.
The officer also warns of potential tampering or alteration of the registers once in the custody of the Independent Policing Oversight Authority (IPOA), stressing that maintaining chain of custody is critical in such matters.
Okapesi contends that the ruling has caused “grave prejudice” to the NPS and compromised the integrity of security records.
His application cites Article 50 of the Constitution on the right to a fair hearing, the Evidence Act, and Section 363 of the Criminal Procedure Code, which grants the court power to review its orders.
The dispute adds a fresh twist to the high-profile inquest into Masai’s death, which has become a flashpoint in accountability debates over police use of force.
The matter has been adjourned to October 30 to allow the court to consider the new application.
Masai was killed in June 2024 during demonstrations along Moi Avenue in Nairobi.
The protests against the Finance Bill turned violent, leaving several people dead and dozens injured in clashes with police.
