Secrets at Stake? Police Resist Release of Key Evidence in Rex Maasai Probe

The National Police Service (NPS) has moved to the Milimani Law Courts to challenge a ruling that ordered the release of arms movement registers in the inquest into the death of Rex Kanyike Maasai.

Through G&A Advocates LLP, the NPS argued that the Chief Magistrate’s Court ruling delivered on September 3, 2025, was irregular, unconstitutional, and violated statutory safeguards. The decision had directed that the registers be produced and marked as exhibits after an oral application by the prosecution counsel.

In court documents, Police Corporal Fredrick Okapesi, the armourer at Central Police Station, said the Independent Policing Oversight Authority (IPOA) has held the registers since the inquest began under an earlier court order. He explained that he opposed their release due to fears of tampering or alteration, but the court dismissed his objection.

In his affidavit, Okapesi swore: “The decision compelled the release of sensitive evidence outside the lawful scope of the custodian’s authority and statutory protections.”

The police argue that the court omitted their objection from the record, a move they argue deprived them of the right to be heard and undermined the transparency of the proceedings.

They also contend that the order contravenes Sections 80, 81, and 82 of the Evidence Act, which provide ways of adducing public documents in court. The ruling, they argue, threatens to undermine confidentiality and chain-of-custody procedures that police armourers are obligated to adhere to.

“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.

The NPS insists that the ruling forced the release of evidence without the witness’s consent, pushing disclosure beyond the lawful scope of custodian authority and statutory protection.

The inquest was adjourned to October 30, when the three remaining witnesses are scheduled to testify.

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