The application was filed at the Milimani Law Courts after the court directed that the Arms Movement Registers be presented as Exhibits 16A and 16B during the ongoing inquiry.
Through G & A Advocates LLP, the NPS filed a Notice of Motion dated September 22, 2025, seeking to review, set aside, or suspend the ruling issued on September 3, 2025.
Police challenge production of arms registers
The NPS argues that the decision to admit the registers was made irregularly and without following the required legal procedures.
In a supporting affidavit, Corporal Fredrick Okapesi, an armourer attached to Central Police Station and the official custodian of the registers, stated that he objected to their production in court.
Okapesi told the court that the registers had already been handed over to the Independent Policing Oversight Authority (IPOA) following an earlier court order.
He argued that presenting the documents without his approval as the lawful custodian affected the chain of custody and breached confidentiality requirements surrounding security records.
NPS cites constitutional and legal concerns
The police service claims that its objection was not recorded during the proceedings, arguing that this denied the custodian an opportunity to be heard.
The NPS further argues that the admission of the registers violated provisions of the Evidence Act relating to the production of public documents.
According to the police, the process affected due process and raised concerns over the handling of sensitive security information.
Prosecution seeks more time in inquest
During the hearing before Principal Magistrate Geoffrey Onsarigo, the prosecution requested an adjournment to allow one of its witnesses to clarify issues contained in his report before testifying.
The State informed the court that only one witness was available, while three others were still pending.
Among the outstanding witnesses is government pathologist Dr. Johansen Oduor, who is currently in Mombasa handling matters related to the Shakahola massacre case, as well as the investigating officer.
Parties given time to respond to NPS application
The court was also informed about the fresh NPS application, which had been served that morning.
The State requested 14 days to prepare its response, stating that it had received the application through IPOA but had not been formally served.
IPOA, which was mentioned in the application, also requested additional time to file its response.
Other parties involved in the matter similarly asked for time to review the application and make submissions.
Court sets directions on application
Principal Magistrate Onsarigo directed all parties to file written responses and submissions before the court makes a determination.
“All parties are at liberty to file written responses and submissions. The court will thereafter give a ruling,” the magistrate directed.
The matter will be mentioned again on October 30, 2025, for further hearing.
The court’s decision on the application will determine whether the disputed Arms Movement Registers will remain part of the evidence in the inquest into the death of Rex Kanyike Massai, a case that has attracted public attention over questions surrounding police accountability and evidence handling.
