Mulot SIM swap suspect to remain in custody
Police on Tuesday, January 3, 2023, filed an application seeking to detain Mr David Mutai, the main suspect in a SIM swap fraud.
The prosecution filed an application at the Kiambu Law Courts requesting to go on detaining the suspect at Muthaiga Police Station for seven more days as the investigations go on.
In an affidavit filed by the Investigating Officer only identified as Mr. Kinyua, there was a need of holding the suspect for seven days.
He said that during the one week, they needed time to subject sim cards for verification and to invite members of the public to record statements.
Also read: SIM swap fraud suspect David Mutai being tortured by police, lawyer claims
According to the affidavit, the suspect will be subjected to danger if he is released by the court saying that when he was nabbed in Kericho County an angry mob almost lynched him.
Mr. Felix Kiprono and Mr. Philip Muhizi who are the lawyers representing the suspect opposed the application saying that the investigating officers had not clearly shown the areas they wanted to cover in the seven days that they will be with their client.
“They also never said what they had covered so far and the nature of the offense and that the application is bereft of the legal basis,” the lawyers argued.
Kiambu Chief Magistrate Meresia Opondo directed that the suspect is presented in court on Thursday at 10 am.
This comes just a day after his lawyers claimed that he had been tortured and was left hungry for a period of two days.
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His lawyers said that officers attached to the Directorate of Criminal Investigations (DCI) have been inhuman to his client since he was nabbed and detained at Muthaiga Police Station.
“Our client has been denied food for two days, when the information reached us, we purchased food and took it to the station but we were never allowed to see him,” said Mr. Kiprono.
Mr. Kiprono further claimed that police officers at the station totally refused to hand over the meal to the suspect.
He claimed that they were also denied a chance to have word with the suspect and were ordered to seek permission from the DCI Headquarters located along the busy Kiambu Road, but still, they were turned away.
It has now emerged that the suspect has never recorded any statement in relation to why he was arrested.
Also read: How a Nairobi man was drugged, and robbed after taking two women to his house
The lawyer said that they would be opposing any move by the DCI sleuths to continue detaining their client.
Two days ago, the lawyer Mr. Kiprono shared an image while having word with the suspect who appeared to be okay.
His other lawyer, Mr. Philip Langat said that he had already noticed a behavior akin to denial of rights.
“The current government has always maintained that the rule of law must be followed as a matter of course. We will follow the law and seek justice without fear or favor,” he said.
He said that the case of their client was a perfect case of being condemned and unheard.
Three days ago, the DCI in a statement said that they had arrested the suspect who they accuse of being behind the Mulot SIM swap syndicate.
Also read: New Nairobi con game: Cameraman lured into trap, drugged and robbed in strange house
Mr. Mutai was spotted by members of the public who went after him leading to his dramatic arrest in Kericho County the DCI said.
He is being linked to an incident where a lawmaker lost Sh941,000 while he was out of the country on official duties. This happened between December 1 and December 2, 2022.
Already, two of his accomplices identified as Mr. Justus Rono, 28, and Mr. Kevin Kiplagat have been arrested.