The National Police Service (NPS) Thursday accused a Milimani Chief Magistrate’s Court of breaching evidentiary rules by compelling the production of the police Arms Movement Register in the ongoing inquest into the death of Rex Kanyike Massai.
In an application filed under Section 363 of the Criminal Procedure Code, the NPS wants the court to review and set aside its ex tempore ruling delivered on September 3 which allowed the register to be produced and marked as exhibits following an oral application by prosecution counsel.
Through an affidavit sworn by Corporal Fredrick Okapesi, the armourer at Central Police Station, the police argued that the order forced the release of evidence outside the lawful custodian’s authority and disregarded statutory safeguards binding on armourers.
Okapesi told principal magistrate Geoffrey Onsarigo he had objected to the production of the registers, citing fears of tampering while they remained in the custody of the Independent Policing Oversight Authority (IPOA).
He further claimed that the court record failed to capture the basis of his objection, thereby undermining the police’s constitutional right to be heard under Article 50.
“I am advised by the Applicant’s advocates on record, which advice I verily believe to be true, that the right to be heard under Article 50 of the Constitution includes the right to have submissions and evidence faithfully recorded,” says Okapesi.
“The omission of the basis of my objection undermines the Applicant’s right to be heard and the transparency of the proceedings.”
During Thursday’s session, state counsel said they had only seen the application that morning and requested 14 days to file a response.
IPOA’s lawyer, David Tenge, also sought time, arguing that the authority had been adversely mentioned and would need to respond fully.
Other parties similarly asked to be served with the application.
NPS lawyer Kipkogei confirmed service on all parties and raised no objection to the adjournment.
Principal magistrate Onsarigo directed that parties file and exchange written submissions, after which a ruling will be delivered.
The matter will be mentioned on October 30, 2025 at 2:00 p.m.
The inquest, which is nearing its conclusion, has three witnesses remaining, including the investigating officer and government pathologist Johansen Oduor currently engaged in the Shakahola murder case in Mombasa.
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