Court orders DCI to probe IPOA-held phone over suspicious messages
Investigating officer Abdirahman Jibril told the court that the phone had been sealed in an official chain of custody envelope in the presence of himself and OCS Talam.
A Milimani court has ordered the Directorate of Criminal Investigations (DCI) to take over investigations into claims that a phone under the custody of IPOA was used to send suspicious messages allegedly soliciting money.
The phone, which belongs to Central Police Station OCS Samson Talaam, was seized by the Independent Policing Oversight Authority as part of investigations into the murder of teacher and blogger Albert Ojwang.
Defence lawyers raised concerns in court that the phone had continued sending suspicious messages even while in IPOA custody.
Responding to the claims, Senior Principal Magistrate Ben Mark Ekhubi directed the DCI to handle the matter. “For abundance of caution, let’s not try to interfere with investigations. Let the mandated body do the task because of how serious this case is,” said the magistrate.
“Let the matter settle and DCI to take over the investigations,” he added.
The directive followed submissions by the defence seeking to challenge IPOA’s continued handling of the phone.
Defence lawyer Danstan Omari said, “This falls as a suspected criminal act having been committed. We expect the IPOA offices to be treated as a crime scene.”
He argued that the continued use of the device raised questions over evidence integrity and possible tampering.
Investigating officer Abdirahman Jibril told the court that the phone had been sealed in an official chain of custody envelope in the presence of himself and OCS Talaam. IPOA forensic officer Ndwati Naphtali, who was also in court, confirmed the integrity of the device.
However, the defence insisted IPOA should recuse itself from the investigation.
“The respondent feels the case will not be properly investigated if IPOA continues handling it. Our instructions are clear that IPOA to step aside and let DCI take over,” Omari stated.
Lawyer Cliff Ombeta and another witness had earlier recorded their statements at Langata Police Station regarding the claims. IPOA had already written to the DCI on June 19, requesting the agency to take charge of the probe.
The court has now directed the DCI to file a comprehensive report on the issue and is expected to give further directions on July 1, when the findings will be presented.
