A Nairobi court has allowed the National Police Service (NPS) to call additional witnesses in the inquest into the death of Rex Masai, ruling that their testimony could help establish the circumstances surrounding the fatal shooting during the 2024 Finance Bill protests.
Rex Masai was shot near Absa Bank during demonstrations on June 20, 2024, before he was taken to Bliss Hospital, where he was pronounced dead.
In a ruling delivered on Thursday, Principal Magistrate Geoffrey Onsaringo said the proposed witnesses could provide material evidence that would assist the court in making a fair determination of the inquest.
"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.
The court, however, declined an application by the NPS to recall police commander Doris Mugambi for a third time, saying there must be a balance between establishing the truth and ensuring the proceedings are concluded without unnecessary delay.
The application was filed after the NPS argued that important gaps remained in the evidence already presented before the court. The police sought permission to call representatives from the Integrated Command, Control and Communication Centre (IC3), Absa Bank, Makau Casino, Bliss Hospital and International Life House.
The service also asked the court to summon officers from Kamukunji, Kilimani, Parliament and KICC police stations to produce arms movement registers documenting firearm records used during the protests.
According to the NPS, the additional witnesses were necessary to ensure no relevant evidence was left unexplored before the court reached its findings.
The application was opposed by the Director of Public Prosecutions (DPP), who argued that it amounted to another attempt to delay the inquest by introducing fresh evidence after the proceedings had reached an advanced stage.
The prosecution challenged the request for CCTV footage from IC3, saying the NPS had previously been informed that the cameras were not operational on June 20, 2024. It further argued that the police were the custodians of the surveillance system and questioned why they were seeking the footage at this stage.
The DPP also opposed the request to recall Mugambi, noting that she had already testified and had previously been recalled, maintaining that all available and relevant evidence had already been presented.
The Independent Policing Oversight Authority (IPOA) also objected to the application, describing it as a delaying tactic. IPOA argued that the NPS was raising concerns over missing evidence despite being responsible for some of the records it was seeking. It also noted that CCTV footage from Absa Bank and an arms movement register had already been produced alongside other evidence.
The Law Society of Kenya (LSK) similarly opposed the application, pointing out that the NPS had made a similar request in October last year. It argued that allowing new witnesses at this stage could delay the conclusion of the inquest.
While delivering the ruling, Onsaringo said an inquest differs from a criminal trial because its purpose is to establish the cause and circumstances surrounding a person's 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 added that while courts have a duty to receive relevant and necessary evidence, they must also ensure proceedings are conducted efficiently.
“Courts must guard against allowing proceedings to become interminable,” Onsaringo said.
Explaining why he declined the request to recall Mugambi, the magistrate noted that she had already testified on February 5 and June 19, 2025, and had been fully cross-examined.
“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,” Onsaringo said.
“There must come a point at which the evidentiary record is regarded as complete,” he added.
The court nevertheless allowed the remaining proposed witnesses to testify, finding that they had not previously appeared before the court and that their evidence could be important in determining the circumstances surrounding Rex Masai's death.
Onsaringo directed that summons be issued to the witnesses and ordered officers from Kamukunji, Kilimani, Parliament and KICC police stations to produce the requested arms movement registers.
The magistrate further ruled that no future applications seeking to recall witnesses or introduce additional witnesses would be entertained unless exceptional circumstances were demonstrated. The matter will return to court on August 6 for directions.