Written by Joyce Nzomo
The National Police Service (NPS) has challenged a ruling that allowed the production of police Arms Movement Registers in the inquest into the death of Rex Kanyike Masai.
In an application filed at the Milimani Chief Magistrate’s Court, the Service wants the ruling delivered on 3rd September 2025 set aside.
Through G&A Advocates LLP, the NPS argued that the decision was made on the basis of an oral application by the prosecution and ignored the objections of the registers’ custodian, Corporal Okapesi Fredrick.
The Service said the order compelled the production of official records outside the custodian’s authority, in violation of evidentiary rules and the chain of custody requirements binding on police armorers.
It further claimed the decision contravened Sections 80 to 82 of the Evidence Act, which govern the production of public records.
In a supporting affidavit, Corporal Okapesi, who serves as an armorer at Central Police Station, told the court that the registers have been under the custody of the Independent Policing Oversight Authority (IPOA) since the inquest began.
He said he objected to their production because of the risk of tampering while in IPOA’s custody, but his objection was not captured in the court record.
He argued that the omission violated his right to be heard under Article 50 of the Constitution and compromised both the NPS and the integrity of the proceedings.
The NPS now wants the ruling vacated, saying the order was unlawful, prejudicial, and inconsistent with the Constitution and the Evidence Act.
The court adjourned today’s proceedings to allow consideration of issues that were raised in the report and are central to the application.
