A Nairobi court has allowed the National Police Service (NPS) and the Independent Policing Oversight Authority (IPOA) to call additional witnesses in the inquest into the death of Rex Masai.
The decision extends the proceedings as the court seeks more evidence on the circumstances surrounding Masai’s death during the anti-government protests.
Court Approves Additional Testimony
Milimani Principal Magistrate Geoffrey Onsarigo ruled that the new witnesses could help the court establish how Masai died.
The court allowed the National Police Service to call six additional witnesses. It also permitted IPOA to present two more witnesses before the inquest concludes.
Among those expected to testify are representatives from the Integrated Command, Control and Communication Centre (IC3), Absa Bank, Makau Casino, Bliss Hospital and International Life House.
Police Stations Ordered to Produce Records
The magistrate also directed officers from Kamukunji, Kilimani, Parliament and KICC police stations to appear in court.
In addition, the officers must produce the requested arms movement registers to assist with the inquiry.
Court Rejects Witness Recall Request
However, the court declined an application to recall witness Doris Mukiri Mugambi for a third time.
Magistrate Onsarigo ruled that allowing another recall would amount to an abuse of the court process.
He said the court has a duty to establish the truth while ensuring the proceedings move forward without unnecessary delays.
IPOA Opposed the Application
IPOA opposed the request to introduce more witnesses.
The authority argued that the inquest had reached an advanced stage and described the application as an attempt to delay the proceedings.
The court also ruled that it would not consider further applications to recall witnesses unless exceptional circumstances are presented.
Case Returns to Court on August 6
Magistrate Onsarigo noted that an inquest is different from a criminal trial because its purpose is to establish the cause and circumstances of a person’s death.
The case will return to court on August 6 for further directions before the additional witnesses testify.
