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IPOA seeks call record for 17 numbers in Ojwang custody death probe

IPOA seeks call record for 17 numbers in Ojwang custody death probe
IPOA chairperson Issack Hassan speaking during a past function. PHOTO/IPOA X
In Summary

In the application filed on June 13, IPOA requested orders compelling a telecommunications provider to release subscriber details, call logs, and location data linked to individuals of interest.

The Independent Policing Oversight Authority has filed an application in court seeking access to communication records for 17 mobile phone numbers as part of its ongoing investigation into the death of blogger Albert Omondi Ojwang while in police custody.

In the application filed on June 13, IPOA requested orders compelling a telecommunications provider to release subscriber details, call logs, and location data linked to individuals of interest.

The data covers the period between June 4 and June 8, and the agency says it will assist in tracking communication and movement patterns of the individuals allegedly involved in the incident.

"The telco holds crucial information and documentation that will significantly aid in ensuring a comprehensive, impartial, and conclusive investigation into this incident," IPOA stated in court papers through investigator Abdirahman Jibril.

The application also seeks a court directive requiring the telco to appoint an authorised officer to issue a Certificate of Production of Electronic Evidence under Section 106B(4) of the Evidence Act.

IPOA argues that the certificate is necessary to authenticate any electronic records produced and ensure they meet legal standards for use in court.

The application was filed the same day IPOA obtained orders to detain Police Constable James Mukhwana until June 20 as investigations into Ojwang’s suspected murder continue.

Mukhwana, who is based at Nairobi’s Central Police Station, was arrested and arraigned on June 13.

In court, IPOA opposed any bid to release Mukhwana, arguing he could interfere with witnesses.

The agency is now relying on the phone data to help confirm the identities of the users of the listed numbers and build a case against those found to have been involved.

IPOA told the court that the requested information is critical in determining whether any suspects will face charges under Section 203 of the Penal Code, which relates to murder.

The agency cited its mandate under Sections 6 and 7 of the IPOA Act to carry out such investigations and affirmed that most of the evidence sought exists in electronic form, requiring certification in accordance with digital evidence laws.

IPOA also asked that any resulting court orders be served on the executive of the telco to ensure full compliance with the court’s directive.

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