On Wednesday at Milimani Magistrate’s Court, three officers from Nairobi Central Police Station acknowledged extensive irregularities in the Firearms Movement Register they were required to maintain.
Police Constables Geoffrey Mbae Murangiri, Simon Waweru and Corporal Martin Githinji each testified that names had been removed using correction fluid, service numbers altered, and weapons signed out on behalf of officers who never physically collected them.
Murangiri told Principal Magistrate Geoffrey Onsarigo that although the register recorded him as having received rubber-bullet rounds on 20 June 2024, he was only issued a tear-gas launcher.
Waweru testified that his service number was listed next to a Jericho pistol entry dated 19 June 2024, but said he had neither collected nor returned the firearm.
Mismatch in service numbers and lack of training
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Police officer Martin Githinji taking the stand in the Rex Masai inquest
Corporal Githinji admitted to signing out the same pistol twice and noted a mismatch between the service numbers recorded in different parts of the register: 730997 in one entry and 220997 in another.
He said the discrepancies were likely due to errors made by the officer in charge of the armoury.
He also told the court that none of the officers deployed during the protests had received formal training in the use of rubber bullets or live ammunition.
Focus remains on chain of custody and accountability
The revelations followed weeks of scrutiny over the fatal shooting of 29-year-old Rex Masai during protests against the Finance Bill 2024.
Rex Masai
Masai was struck in the thigh by a live round while near the Kenya National Archives and later died at Bliss Medical Centre. His death ignited a wave of public anger and calls for accountability.
Prosecutors stressed that the reliability of the Firearms Movement Register is critical to establishing which weapon, and by extension which officer, fired the shot that killed Masai.
Video footage and forensic analysis presented in court indicate that a live round, not a less-lethal munition, caused the fatal injury.
However, gaps in record-keeping and altered entries have made it more difficult to confirm who handled which weapons.
READ ALSO: IPOA takes action after death of Rex Masai during protest in Nairobi
Uncommon courtroom admissions draw legal scrutiny
Legal experts note that such admissions from serving officers are uncommon in public inquests.
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Police officer Simon Waweru taking the stand in the Rex Masai Inquest
Conceding to procedural failures under oath could have implications for internal disciplinary processes or potential criminal liability, depending on the court’s findings.
The court may weigh these inconsistencies in assessing the overall reliability of police testimony.
Concerns over operational readiness
The testimony also raised broader concerns about operational readiness.
Rubber bullets, though classified as less-lethal, require careful handling and clear protocols to avoid excessive force.
The officers’ admission that they had not received training before deployment during a high-tension protest raises questions about institutional preparedness for public order management.
Parallel IPOA hearing examines video and location data
In a parallel proceeding before the Independent Policing Oversight Authority (IPOA), investigators presented mobile-phone location data and video footage linking Constable Isaiah Murangiri Ndumba to the area where Masai was shot.
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Constable Isaiah Ndumba, the principal suspect in the killing of Rex Masai, taking the stand
During that hearing, counsel pointed out a visible birthmark on the officer appearing in the footage. Murangiri, however, denied that he was the individual shown and disputed any connection to the shooting.
While IPOA’s findings do not bind the court, they may supplement the inquest’s evidence.
The IPOA investigation is aimed at determining individual responsibility and could recommend criminal charges or administrative action upon conclusion.
READ ALSO: Courtroom drama as officer accused of shooting Rex Masai flatly denies being at scene
Next session to focus on register origin and oversight
The inquest has been adjourned until July 29, when the armoury officer is expected to testify and the original, unaltered Firearms Movement Register will be produced in court.
The session will hear from the armoury officer, whose testimony is expected to clarify the source of the inconsistencies in the register.
The court remains focused on clarifying the events that led to the fatal shooting and establishing a clear account of weapon deployment on the day of the protest.