Court allows police to call additional witnesses in Rex Masai murder inquest

The inquest into the death of Rex Masai has been extended after a Nairobi court allowed the National Police Service (NPS) and the Independent Policing Oversight Authority (IPOA) to call additional witnesses to shed more light on the circumstances surrounding his death.

Milimani Principal Magistrate Geoffrey Onsarigo on Thursday ruled that the evidence of the additional witnesses could be crucial in helping the court establish how Masai died during the anti-government protests.

The court granted the NPS permission to call six additional witnesses, while IPOA was allowed 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.

"The court hereby directs that summons do issue to the above-named officers to attend court and testify on a date to be fixed by this court,” said Magistrate Onsarigo.

The Magistrate also directed officers from Kamukunji, Kilimani, Parliament and KICC police stations to appear before the court and produce the requested arms movement registers.

"The officers should also appear before the court from those stations,” he added.

However, the court rejected an application seeking to recall witness Doris Mukiri Mugambi for a third time, ruling that doing so would amount to an abuse of the court process.

Magistrate Onsarigo observed that while the court has a duty to establish the truth, it must also ensure the proceedings are concluded without unnecessary delays.

IPOA had opposed the application for additional witnesses, arguing that the inquest had already reached an advanced stage and describing the request as a delaying tactic.

The court further directed that no further applications to recall witnesses will be entertained unless exceptional circumstances are demonstrated.

"An inquest, unlike a criminal trial, is an inquiry undertaken by the court for the purpose of investigating the cause and circumstances surrounding a death,” Onsarigo stated.

The matter will be mentioned on August 6 for further directions as the court prepares to hear the additional testimony before concluding the inquest.