A dramatic standoff unfolded at the Milimani Law Courts on Thursday after National Police Service (NPS) lawyer Moses Kipkogei demanded that Director of Public Prosecutions (DPP) Renson Ingonga be summoned to explain his office’s role in the ongoing murder inquest of activist Rex Masai.
The clash erupted after the Independent Policing Oversight Authority (IPOA) and the Office of the DPP requested the court to summon Deputy Inspector General (DIG) Eliud Lagat, alleging he had ignored IPOA’s summons to record a statement regarding the case.
Appearing before Principal Magistrate Geoffrey Onsarigo, Kipkogei strongly opposed the request and countered that it was, in fact, the DPP who should be called to appear and clarify how the decision to direct IPOA to investigate Masai’s death was reached.
“Your Honour, our client believes IPOA’s mandate only applies when there’s confirmed misconduct by a police officer. The DPP’s directive for IPOA to investigate came on June 21, 2024 less than 12 hours after the incident occurred,” Kipkogei told the court.
Despite IPOA and the DPP later withdrawing their request to summon DIG Lagat, Kipkogei maintained his stance, insisting that the DPP or alternatively State Counsel Makori must appear to explain how they concluded so swiftly that Masai was killed by a police officer.
“A view was formed that this death was caused by a police officer. That view originated from the DPP. At some point, we must hear from him or Mr. Makori to explain how that conclusion was reached,” he argued.
The NPS lawyer further informed the court that ten additional witnesses are expected to testify, including three who have already given statements. Among those recalled are former Nairobi Sub-County Police Commander Doris Mugambi, DCI officer Tiberius Ekisa, and Dr. Lawrence Machira of Bliss Hospital reportedly the last person to see Masai alive.
NPS also requested the appearance of George Ndikas, who was with Masai at the time of the shooting. However, State Counsel Makori said efforts to trace Ndikas had been unsuccessful and requested NPS assistance in locating him.
Additionally, police want to summon the occupant of an office at International Life House, where a splinter bullet was recovered, to testify in the case.
Kipkogei also raised concerns about inconsistencies and gaps in the evidence presented so far, urging the court to scrutinize witness testimonies carefully.
The matter is scheduled for mention on November 11, 2025, at 2 p.m., when the court will issue further directions on the proceedings.
