A standoff was witnessed in court after the National Police Service (NPS) lawyer, Moses Kipkogei, insisted that the Director of Public Prosecutions (DPP), Renson Ingonga, should be summoned to court in the ongoing murder inquest of activist Rex Masai.
This came after the Independent Policing Oversight Authority (IPOA) and the Directorate of Public Prosecutions (DPP) urged the court to summon Deputy Inspector General of Police (DIG) Eliud Lagat, after informing the court that he had snubbed IPOA’s summons to record a statement with them.
Appearing before Milimani Principal Magistrate Geoffrey Onsarigo on Thursday, October 30, 2025, NPS lawyer Kipkogei told the court that DPP Ingonga should appear in court and explain how the decision to order IPOA to investigate Rex Masai’s murder was arrived at.
Lawyer Kipkogei remained adamant about his stand despite IPOA and the DPP dropping their earlier request to have DIG Lagat summoned to shed light on some issues surrounding the murder of activist Masai.
He insisted that it was important for the DPP to be summoned to explain how it was concluded within 12 hours that the deceased must have been killed by a police officer.
“Your Honour, I have taken instructions from my client on this particular inquest, and our client takes a strong view that the mandate of IPOA kicks in when information has been confirmed that there is misconduct by a police officer. I note, Your Honour, that the request to IPOA by the DPP to investigate this matter was made on June 21, 2024, barely 12 hours after the incident had occurred,” lawyer Kipkogei told the court.
He maintained that he had been instructed by his client to seek summons to have DPP Ingonga or, alternatively, State Counsel Makori attend over the issue.
“A view was formed that this particular death was caused by police; that view was from the DPP. At some point, we would have to call either the DPP himself or Mr. Makori to explain how they concluded that it was a police officer,” the NPS lawyer submitted to the court.
Notably, Kipkogei informed the court that they had agreed to call ten more witnesses, including three who had already tendered their testimonies.
The court has recalled former Nairobi Sub-County Commander Doris Mugambi, DCI officer Tiberius Ekisa, and Dr. Lawrence Machira of Bliss Hospital, who is said to be the last person who saw Masai alive.
NPS also informed the court that they want George Ndikas, who was walking with Masai when he was shot and has agreed to testify but has not been availed by the DPP, to appear in court.
However, Makori said they were unable to trace Ndikas and were seeking the assistance of NPS to locate him since he is a key witness in the matter.
Notably, NPS also wants the occupant of an office at the International Life House, where the splinter bullet was recovered, to appear in court and testify on the same.
Meanwhile, lawyer Kipkogei noted that there were significant gaps in the evidence tendered in court by the witnesses.
The matter will be mentioned on November 11, 2025, at 2 p.m. virtually for further directions.
