A Nairobi court has ordered the production of Arms Movement Registers as evidence in the inquest into the death of Rex Masai, rejecting objections raised by the officer in charge of the Central Police Station armoury.
In a ruling delivered Thursday afternoon, the court dismissed the stance taken by armoury officer Fredrick Okapesi, who had refused to surrender the registers unless he could first review them to ensure the Independent Policing Oversight Authority (IPOA) had not altered the records. National Police Service Commission (NPSC) lawyer Elias Ouma had supported Okapesi’s position.
The Director of Public Prosecutions, represented by prosecutor Jalson Makori, had urged the court to compel the production of the registers, arguing that they were crucial to establishing the circumstances surrounding Masai’s death.
The court allowed the request, highlighting that inquests are inquisitorial proceedings aimed at uncovering the truth rather than assigning criminal liability. In its decision, the court cited Sections 385 to 387 of the Criminal Procedure Code, particularly Section 386(1), which empowers it to summon witnesses and receive any evidence deemed necessary in cases of reportable deaths.
The court further relied on Section 173 of the Evidence Act, which allows it to summon and admit any documents required for a just determination of the matter, regardless of objections. While Sections 79 to 82 of the Evidence Act regulate the proof of public documents, the court clarified that these provisions are for evidentiary convenience and do not limit judicial discretion during inquests. Certification under Sections 80 to 82 was deemed permissive, not mandatory.
Justice noted that the Arms Movement Registers constitute primary and material evidence, detailing the issuance, movement, and accountability of firearms relevant to Masai’s death. The court also acknowledged that the registers were lawfully in IPOA’s custody under a prior court order, a fact that no party disputed.
Accordingly, the court directed that the registers be produced as exhibits, stressing that public interest, transparency, and the duty to establish the truth outweigh the procedural objections raised by the armoury officer.
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