A Nairobi court has approved the National Police Service's (NPS) request to summon new witnesses in the ongoing inquest into the death of Rex Masai, who was fatally shot during protests on June 20, 2024.

Principal Magistrate Geoffrey Onsaringo ruled that the testimony of the proposed witnesses could provide important information about the circumstances of Masai's death near Absa Bank, before he was pronounced dead at Bliss Hospital.

Additional Witnesses and Evidence

  • The NPS sought to call representatives from the Integrated Command, Control and Communication Centre (IC3), Absa Bank, Makau Casino, Bliss Hospital, and International Life House.
  • Police officers from Kamukunji, Kilimani, Parliament, and KICC stations were also requested to present arms movement registers related to firearms.
  • The court directed that summons be issued to these witnesses and set a hearing date.

Opposition to the Application

The Director of Public Prosecutions (DPP) and the Independent Policing Oversight Authority (IPOA) opposed the application, arguing it was a delay tactic and that relevant evidence had already been presented. The DPP also noted that CCTV footage from IC3 was unavailable on the day of the incident, and questioned the timing of the request.

The Law Society of Kenya (LSK) warned that introducing new witnesses at this late stage could hinder the swift conclusion of the inquest.

Limits on Recalling Witnesses

Magistrate Onsaringo denied the NPS's request to recall police commander Doris Mugambi for a third testimony, citing that she had already testified twice and been cross-examined. He emphasized the importance of finalizing the evidentiary record to avoid endless proceedings.

However, the magistrate stressed that the court must remain open to relevant and material evidence necessary for a thorough inquiry, balancing this against the need for efficiency.

Next Steps

The court ruled that no further applications to recall or introduce witnesses would be entertained unless exceptional circumstances arise. The matter is scheduled for further directions on August 6, 2026.