The National Police Service (NPS) has gone to court seeking to overturn a ruling that directed the production of firearms movement registers in the ongoing inquest into the death of Rex Kanyike Maasai. The move has raised fresh questions about transparency and accountability in the handling of evidence surrounding the case.
On September 3, 2025, the Chief Magistrate’s Court at Milimani ordered that the registers be produced after an oral application by the prosecution. The documents were to be marked as exhibits to assist in tracing how firearms were moved in connection with the fatal shooting of Maasai.
Through their lawyers, G&A Advocates LLP, the police argue that the ruling was “irregular, unconstitutional, and a violation of statutory safeguards.” They maintain that firearms registers are highly sensitive documents that record the issuance, transfer, and custody of weapons. According to the NPS, releasing them in open court would breach security protocols and jeopardize the integrity of police operations.
An affidavit filed by Corporal Fredrick Okapesi, the armorer at Central Police Station, supports the police position. He told the court that the registers have been in the custody of the Independent Policing Oversight Authority (IPOA) since the inquest began, in line with an earlier court directive. Okapesi argued that ordering their release undermines proper chain-of-custody rules and exposes the records to possible tampering.
He further contended that the decision of the magistrate was made without giving him an opportunity to raise objections. In his affidavit, Okapesi also cited Sections 80, 81, and 82 of the Evidence Act, which set out how public records should be handled during judicial proceedings. He insisted that the ruling compromises sensitive security records and could ultimately affect the fairness of the inquest.
Okapesi has previously appeared before the court to explain errors in the firearms registers. During that testimony, he defended the inaccuracies as human and procedural mistakes rather than deliberate concealment. He told the inquest that the registers are updated manually, and occasional corrections do not necessarily indicate misconduct by officers.
The inquest into the death of Rex Maasai, who was allegedly killed during protests in Nairobi, has attracted public attention as calls for accountability in cases involving police use of firearms continue to grow. The case has highlighted broader concerns about the balance between protecting national security information and ensuring transparency in matters of justice.
The inquest has been adjourned to October 30, 2025, when three remaining witnesses are expected to testify. The outcome of the police application to block the production of the firearms registers is now awaited, with observers keen to see whether the court prioritizes security considerations or the need for openness in the pursuit of justice.
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