The inquest into the killing of protester Rex Kanyike Masai is set to resume today in Nairobi, following a legal twist over whether critical police firearms records should be disclosed to the inquiry.
On September 25, the National Police Service (NPS), through an armorer, filed an application in the Milimani Law Court challenging a recent court order that directed him to produce the Arms Movement Register, the log that records issue and return of police firearms.
The officer, Corporal Fredrick Okapesi, argued that the order violates due process and endangers sensitive security information.
The contest centres on documents originally requested in the inquest into Masai’s death, which occurred during the 2024 protests against the Finance Bill, where police clashed with demonstrators along Moi Avenue.
The inquest is investigating the circumstances under which Masai was shot.
Okapesi states in court papers that the court failed to record his objection when it ordered the register released, and that the order offends sections 80, 81, and 82 of the Evidence Act governing production of public records.
He also raises concerns about the integrity of the chain of custody once the documentation is handed over to the Independent Policing Oversight Authority (IPOA).
The pushback comes despite an earlier court direction in September that already ordered the registers produced.
The matter was adjourned to October 30 for directions on how to proceed.
In a separate case, the proceedings surrounding two allies of former deputy president Rigathi Gachagua, are set to resume today.
The two, Wanjiku Thiga and Peter Kinyanjui alias Kawanjiru, are set to appear in Kahawa court today as they face charges linked to the June 25, 2025 protests.
Thiga and Kawanjiru, who are youth leaders affiliated with the deputy president’s party, were previously released on bail.
On July 16, a Kahawa court freed him and Kawanjiru on cash bail of Sh50,000 each, or alternatively bail bonds of Sh200,000 with sureties of similar amount.
The order followed a finding by Magistrate Gideon Kiage that there were insufficient grounds to continue holding them under the Prevention of Terrorism Act.
Kiage noted that although the two had been charged under the Prevention of Terrorism Act, the mere seriousness of the offence alone was not enough to override the presumption of innocence guaranteed under the Constitution.
He further stated he was not persuaded that the preferring
of charges alone amounted to a compelling reason to deny bail.
The two were initially released on bond earlier by the Kiambu and Ruiru courts after being charged with offences related to unlawful assembly and rioting during the June 25, 2025, protests.
