The case has been under review following the court’s direction on October 8, 2025, when Senior Resident Magistrate Paul Mutai allowed a request by the prosecution to refer the file to NCIC for assessment and recommendations.
State Prosecutor Virginia Kariuki from the Office of the Director of Public Prosecutions (ODPP) had sought time to enable the Commission to evaluate the case before the prosecution makes a final decision on how to proceed.
Magistrate Mutai, while granting the application, questioned whether the referral risked creating a parallel process outside the judicial framework.
But in response, the prosecution clarified that NCIC’s involvement would not replace or override the court process but would be limited to offering expert assessment and advisory input.
The magistrate also expressed concern that NCIC had not been engaged earlier before charges were filed.
The MP indicated his preference for resolving the matter out of court.
Salasya told the court that he had formally written to the DPP expressing interest in pursuing an alternative dispute resolution pathway.
Magistrate Mutai granted the DPP 30 days to conduct a review and provide a clear position on whether to proceed with trial or consider alternative settlement routes.
Salasya was arrested in May and charged with making inciting utterances during political rallies in Meru, Isiolo, and along his travel route toward Nanyuki.
He denied the charges and was released on a Sh200,000 cash bail.
Rex Masai's case
The inquest into the death of protester Rex Kanyike Masai resumes today, with the court expected to confirm whether parties have complied with directions issued regarding submissions by the Law Society of Kenya (LSK) on a National Police Service (NPS) application challenging the release of firearm records.
The mention follows a session on October 30, 2025, when the NPS, through its counsel Moses Kipkogei, questioned what it termed a premature conclusion by the Director of Public Prosecutions (DPP) that Masai was shot by a police officer during demonstrations along Moi Avenue in June 2024.
Kipkogei argued that the DPP sought investigations by the Independent Policing Oversight Authority (IPOA) barely 12 hours after the incident, suggesting an early predetermined view on police involvement.
The DPP, represented by counsel Jalson Makori, maintained that the request for IPOA inquiries was within its mandate and aimed at establishing the truth.
Makori further indicated that IPOA witnesses are yet to testify, and their evidence is central to reconstructing the circumstances of the shooting.
A key issue now before the court is an NPS application seeking to block the production of the Arms Movement Register, a record detailing the issuance and return of firearms.
Corporal Fredrick Okapesi, a police armourer, previously argued that the court order compelling release of the registers violated provisions of the Evidence Act and posed risks to sensitive security information and chain of custody integrity.
The LSK was directed to file submissions responding to the NPS objections.
When the matter is called out today, the court will assess whether the parties have complied.
