Police have been allowed to call more evidence in an inquest seeking to establish the brutal killing of Gen Z activist Rex Masai in 2024.
Magistrate Geoffrey Onsaringo permitted the National Police Service (NPS) to call additional witnesses in the inquest into the death of Rex Masai.
The death relates to Masai, who was shot during anti-government protests in Nairobi on June 20, 2024.
In a ruling, principal magistrate Geoffrey Onsaringo found that their evidence may be material to determining the circumstances surrounding his death.
"The court is satisfied that allowing the testimony of the proposed witnesses will serve the ends of justice without opening the door to an unrestrained or piecemeal reopening of the inquest," the magistrate ruled.
However, the magistrate declined a request by NPS to recall one witness for a third time, warning that the court must balance the need to establish the truth with the need to conclude proceedings without unnecessary delay.
The ruling was delivered on Thursday after NPS sought leave to introduce additional witnesses, arguing that gaps remained in the evidence presented before the court.
The police sought to have representatives from the Integrated Command, Control and Communication Centre (IC3), Absa Bank, Makau Casino, Bliss Hospital and International Life House summoned to testify.
NPS also wanted officers from Kamukunji, Kilimani, Parliament and KICC police stations to produce arms movement registers (firearms records).
The service argued that the additional witnesses were necessary to ensure that no material evidence remained unexplored.
The application was opposed by the Director of Public Prosecutions (DPP), who described it as a second attempt to delay the proceedings by introducing new evidence at an advanced stage.
The DPP challenged the request for CCTV footage from IC3, saying NPS had previously been informed that the cameras were not working on June 20, 2024.
The prosecution further argued that NPS was the custodian of the cameras and questioned why it was seeking the footage at this stage.
On the request to recall witness Doris Mugambi, a police commander, the magistrate said she had already testified and had been recalled before.
The prosecution maintained that all available relevant evidence had already been presented and urged the court to reject the application and close the proceedings.
IPOA also opposed the application, describing it as a delaying tactic.
The oversight agency argued that NPS was complaining about missing evidence despite bearing responsibility for some of the records it was seeking.
IPOA further pointed out that CCTV footage from Absa and an arms movement register had already been produced, alongside other evidence.
The Law Society of Kenya (LSK) similarly opposed the application, noting that NPS had made a similar application in October 2025.
The LSK argued that introducing new witnesses at an advanced stage could undermine the expeditious conclusion of the inquest.
In his ruling, however, Mr Onsarigo said an inquest is a statutory inquiry aimed at establishing the cause and circumstances surrounding a death.
“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,” the magistrate said.
He noted that the court has a duty to receive evidence that is relevant, material and necessary for a just and complete inquiry.
However, he said this obligation must be balanced against the need to ensure proceedings are conducted efficiently.
“Courts must guard against allowing proceedings to become interminable,” Onsarigo said.
The magistrate declined NPS's request to recall Mugambi for a third appearance, noting that she had already testified on February 5 and June 19, 2025, and had been cross-examined.
He said there was insufficient justification for allowing her to testify for a third time.
“While it may be said outside the confines of judicial proceedings that, and I quote, the third time is the charm, the administration of justice cannot be conducted upon successive opportunities for witnesses to supplement or improve previously tendered evidence,” Onsarigo said.
“There must come a point at which the evidentiary record is regarded as complete,” he added.
The magistrate, however, reached a different conclusion regarding the other proposed witnesses, noting that they were yet to testify and their evidence could be material to the determination of the inquest.
He therefore allowed representatives to testify.
Officers from Kamukunji, Kilimani, Parliament and KICC police stations were also allowed to attend court and produce the requested arms movement registers.
The court directed that summons be issued to the witnesses, with the hearing date to be fixed.
The magistrate further ordered that no additional applications seeking to recall witnesses or introduce new witnesses would be entertained unless exceptional circumstances were demonstrated.
The magistrate said the court must be satisfied that any such application was necessary for the just determination of the inquest.
The matter will come up on August 6, 2026, for directions.
