Corporal in charge of armoury at Central Police Station, Fredrick Odera, in Milimani court on September 1, 2025/SARAH AWINJAA police armourer has now moved to block the production of key firearm records in the ongoing inquest into the death of Rex Kanyike Masai.
He argues that a Milimani court order compelling the release of the Arms Movement Register violates due process and jeopardises sensitive security information.
This is despite an earlier order issued in September, under which the court had already secured the records.
Corporal Fredrick Okapesi, attached to Central Police Station, has filed an application on behalf of the National Police Service (NPS) seeking a review of the ruling that directed him to produce the registers.
"The ruling offends sections 80, 81, and 82 of the Evidence Act on the procedure for producing public records in evidence. The order contravenes the principle that official and sensitive documents must be produced only with the sanction of their lawful custodian under the Evidence Act," he states in court documents.
The registers record the issue and return of police firearms.
Okapesi says he was summoned to testify in the inquest, but objected when the prosecution made an oral application to have the registers produced.
He alleges that despite his objection, the court allowed the production of the documents and failed to record the reasons for his protest in the official record.
In his affidavit, the officer contends that the order forces him to release evidence outside the lawful scope of the custodian’s authority and statutory protections.
He also raises fears of possible tampering or alteration of the registers while they are in IPOA’s custody, arguing that the integrity of the chain of custody is critical in such proceedings.
“The omission of the basis of my objection undermines the Applicant’s right to be heard and the transparency of the proceedings,” Okapesi states.
According to his argument, the ruling has caused grave prejudice to the NPS and compromised sensitive security records.
The application invokes Article 50 of the Constitution on the right to a fair hearing and cites the Evidence Act and Section 363 of the Criminal Procedure Code as giving the court power to review its orders to ensure legality and propriety.
The challenge marks a fresh twist in the inquest into Masai’s death. The matter has now been adjourned to October 30, following the new developments.
Rex Masai was shot during the 2024 protests along Moi Avenue in Nairobi against the Finance Bill.
The incident saw police clash with demonstrators, resulting in multiple deaths and injuries.
