The National Police Service (NPS) has moved to court seeking to block a directive requiring the production of firearms movement registers in the inquest into the death of Rex Kanyike Maasai.
In an application filed at the Milimani Law Courts, the police, through G&A Advocates LLP, are challenging a September 3, 2025, ruling by the Chief Magistrate’s Court that ordered the registers be presented and admitted as exhibits after an oral request by prosecution counsel.
The NPS argues the ruling was irregular, unconstitutional, and contrary to statutory safeguards.
According to court filings, Police Corporal Fredrick Okapesi, the armourer at Central Police Station, said the registers had been in the custody of the Independent Policing Oversight Authority (IPOA) since the inquest began, following an earlier court order.
He explained that he objected to their release over concerns of possible tampering or alteration, but the objection was dismissed.
“The decision compelled the release of sensitive evidence outside the lawful scope of the custodian’s authority and statutory protections,” Okapesi stated in his affidavit.
The police also claim that Okapesi’s objection was left out of the official court record, undermining their right to be heard and raising questions about the fairness of the proceedings.
In their application, NPS contends that the ruling breaches Sections 80, 81, and 82 of the Evidence Act, which govern the production of public records in court. They argue the order compromises confidentiality, weakens chain-of-custody obligations placed on police armourers, and risks exposing sensitive security information.
“The ruling has caused grave prejudice to the applicant, compromised sensitive security records, and undermined the integrity of the inquest,” the application reads in part.
NPS further argues that the order compelled a witness to release evidence without consent, going beyond lawful limits of custodian authority and statutory protection.
The inquest was adjourned on Thursday to October 30, when the three remaining witnesses are expected to testify.