Fresh twist in Rex Masai death inquest as police seek to present 7 new witnesses

The Milimani Magistrate's Court will on July 30, 2026 determine whether the inquest into the death of Rex Masai will be concluded or reopened to allow the National Police Service (NPS) to present seven additional witnesses.

The decision follows the close of the Independent Policing Oversight Authority's (IPOA) case after its final witnesses testified before the court on Thursday.

IPOA urged the court to close the inquest and proceed to make its findings based on the evidence already on record.

However, lawyers representing the NPS opposed the move, asking the court to grant them an opportunity to call seven more witnesses before the proceedings are brought to an end.

The request sets the stage for a key ruling that will determine whether the inquest proceeds to final submissions and a determination or whether fresh evidence will be admitted.

At the previous hearing, the investigating officer, who was IPOA's final witness, underwent cross-examination by all parties before the authority formally closed its case.

The July 30 ruling is expected to shape the next phase of the high-profile inquest, which is examining the circumstances surrounding the death of Rex Masai during the anti-government protests.

The development comes as investigators recently told the court that they were unable to identify the police officer who fatally shot Masai, citing insufficient evidence. 

"At the time, I had recorded statements from about 19 witnesses. Based on the material gathered, I felt there was insufficient evidence to prefer charges against any person. The DPP agreed with that recommendation, and that is why we are here today," Independent Policing Oversight Authority (IPOA) Principal Investigator Justin Nyatete told the court on June 15, 2026. 

The investigator noted that the probe faced several challenges including interference with the crime scene and alleged lack of cooperation from the National Police Service (NPS).

He added that the CCTV footage did not clearly capture the officer's face who discharged the firearm while none of the witnesses directly observed the shooting.

Nyatete concluded that the inquiry was unable to establish who fired the fatal shot.