Court summons DCI officers over spyware found on BBC filmmakers' gadgets

FlexiSPY, the court was told, is a powerful surveillance tool capable of recording calls, tracking messages and locations, taking screenshots, remotely activating microphones, and even deleting or altering data.
A Nairobi court has summoned two DCI officers to appear in court on October 1 to explain why gadgets belonging to some of the four filmmakers in the BBC documentary 'Blood Parliament' were secretly installed with surveillance software.
Milimani trial magistrate Eric Wambo issued the summons after the officers failed to appear in court on Monday.
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Lawyer Ian Mutiso informed the court that the officers handling the case should appear and shed light on the allegations.
"Your honour, we pray for summons for the two officers handling the case to appear and respond to our application," Mutiso told the court.
The magistrate adjourned the case and directed it to be mentioned on October 1, when the officers are expected to appear.
Last week, the filmmakers told the court that surveillance software was secretly planted on their devices while the gadgets were in police custody.
In the forensic report by the University of Toronto's Citizen Lab tabled in court, confirmed that one suspect's mobile phone had been infected with the commercial spyware FlexiSPY during the time it was held by police.
According to the report, the phone belonging to Nicholas Wambugu was confiscated on May 2, 2025, and returned to him on July 10, 2025.
Analysis showed that FlexiSPY was installed on the handset on May 21, 2025, at 17:17 GMT, well within the period the phone was under state custody.
The four filmmakers are Nicholas Wambugu, Brian Adagala, Mark Denver Karubiu, and Christopher Wamae.
FlexiSPY, the court was told, is a powerful surveillance tool capable of recording calls, tracking messages and locations, taking screenshots, remotely activating microphones, and even deleting or altering data.
It has previously been linked to state surveillance operations, the targeting of journalists and activists, and criminal syndicates.
Citizen Lab researchers further testified that while their analysis confirmed FlexiSPY's presence, they could not rule out the possibility that additional spyware or manipulations may have been introduced while the device remained with the police.
The four filmmakers behind the Blood Parliament documentary were arrested in May 2025 and detained at Muthaiga Police Station following the release of the BBC exposé.
The documentary detailed how security forces opened fire on anti-tax protesters outside Parliament in June 2024, leaving several dead and many others wounded.
The Directorate of Criminal Investigations (DCI) arraigned the suspects under a miscellaneous application that remains active.
They have, however, never been charged before the court, and neither has the DPP preferred any charges against them and they are currently out on bail.
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