Defence lawyers allege fraudulent messages were sent from the detained officer’s device, including demands for KSh 80,000 from prominent lawyer
A Nairobi magistrate has summoned a senior Independent Policing Oversight Authority (IPOA) official to court following explosive allegations that a mobile phone belonging to detained Nairobi Central Police Station OCS Samson Talaam has been used to extort money from the public while under official custody.
Magistrate Benmark Ekhubi on Wednesday ordered Senior Assistant Director of Investigations at IPOA, Abdirahman Jibril, to appear in court on Friday to explain how the device, which was surrendered to investigators on June 16, could have been misused for fraudulent purposes.
The shocking revelations emerged during court proceedings where Talaam, who is being investigated in connection with the death of Albert Ojwang’, was ordered to remain in custody for 15 days pending investigations.
Defence lawyer Dunstan Omari told the court that prominent criminal lawyer Cliff Ombeta had received a message from Talaam’s phone number requesting KSh 80,000, purportedly to help “rescue” the detained OCS.
“Your Honour, we have credible evidence that individuals, including respected lawyer Cliff Ombeta, have received messages from Talaam’s number requesting money. The phone is being used for fundraising with claims that the OCS is in trouble and needs financial help,” Omari argued before the court.
The defence team revealed that the fraudulent messages appear to be part of a wider scheme, with family members of the OCS also reporting receiving distressing messages from the same number that should have been securely stored by IPOA investigators.
The allegations have raised serious questions about the security protocols at IPOA, particularly regarding the handling of exhibits in high-profile cases.
Omari emphasized that both the phone and its password are supposed to be in IPOA’s possession under secure storage conditions.
“IPOA commissioners are the custodians of that phone and the corresponding passwords. If that phone is being used to swindle Kenyans while under IPOA’s watch, then someone must be held accountable,” the defence lawyer urged.
The court heard that IPOA had made a “spirited fight” to gain access to the phone, with the defence not objecting to the request in recognition of the authority’s constitutional mandate.
State Prosecutor Victor Awiti acknowledged the gravity of the accusations, stating that the prosecution could not “outrightly deny these allegations.”
However, he noted that the investigating officer had confirmed the phone was currently switched off and stored safely.
Awiti urged the defence to file a formal complaint to enable proper investigation into the matter, while the Office of the Director of Public Prosecutions is expected to respond to the allegations through IPOA on Friday.
Speaking to reporters outside the courtroom, lawyer Cliff Ombeta confirmed receiving the fraudulent request, expressing shock at the incident.
“I was shocked. I know the probe is ongoing on the phones of my client the OCS, but when I received a message asking for Sh80,000 to help ‘rescue’ the OCS, I knew something was very wrong. That number should not be in use, let alone for fraud,” Ombeta stated.
Magistrate Ekhubi took a stern view of the allegations, emphasizing the need for transparency and accountability from oversight bodies.
“These are grave allegations. The integrity of constitutional offices must not be put into question. Mr Jibril must appear before this court to explain how a phone in IPOA’s custody could be used in such a manner,” the magistrate ruled.
OCS Talaam is currently under investigation following the death of Albert Ojwang’, with the case having attracted significant public attention.
The phone in question was surrendered to IPOA as part of the ongoing investigation into the incident.
The defence has indicated it will press for the appearance of senior IPOA officials in court should the explanation from Jibril prove unsatisfactory when he appears on Friday.
The matter is expected to be mentioned again on Friday, with Mr. Jibril’s anticipated appearance likely to provide crucial insights into how such a security breach could have occurred under IPOA’s watch.
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