Ex-Kitui MCA, two others in impersonation case decline to allow detectives access to phones
The three suspects were arrested at a hotel in Komarock, Nairobi where they had "summoned" a person under "their investigations" while allegedly claiming to be EACC investigators.
Investigators from the Ethics and Anti-Corruption (EACC) were unable to conclude investigations into impersonation and extortion claims against a former Kitui MCA and two accomplices because the suspects denied detectives access to their mobile phones.
Prosecution counsel Geoffrey Obiri told Chief Magistrate Harrison Barasa of the Milimani Anti-Corruption Court that the former Chuluni Ward rep James Mbuvi, Mike Muthami Kasingi and Raphael Muthoka Kithembe declined to comply with court orders regarding access to their phones.
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Ombiri said that out of the 12 mobile phones allegedly recovered from the three during their arrest on March 11, only six have been analysed as the suspects refused to give the personal identification numbers (PIN) and the patterns for the four others to EACC detectives.
Out of the four that are yet to be accessed, two belong to Mbuvi while the rest belong to Kasingi and Kithembe.
Obiri said the mobile phones already accessed helped the investigators unravel information regarding the operations of the three suspects and failure to allow access to the remaining phones amounts to contempt of court as which had issued orders for the same.
"They have refused to provide the PINs, patterns or passwords as ordered by this court. That is the reason the EACC has not been able to conclude investigations and forward the file to the Director of Public Prosecutions (DPP) as required under section 35 of the Anti-Corruption and Economic Crimes Act (ACECA) of 2003," stated Obiri.
"This court does not give orders in vain. Those orders must be complied with in full. The respondents, having failed to give the PINs and patterns is in contempt of this court and should not be allowed to continue in that contempt. I ask the court to enforce compliance to the orders to the letter."
EACC had recovered 12 mobile phones and 21 SIM cards from the suspects. The eight phones led the EACC sleuths to persons of interests from whom they are required to record statements.
Obiri said those people are not in Nairobi but efforts are being made by the investigators to reach them.
But the suspects, through their lawyer, accused the EACC and DPP of having an ulterior motive. They said the two state agencies did not disclose the particulars of the mobile phones they had wanted access to.
The lead investigator in the matter, John Otieno Nyangara, said his colleagues travelled to Siaya and Machakos to record statements of some of the interested persons.
He said there are others in Kajiado, Kisumu and elsewhere, and have all not been reached for statements.
According to Nyangara, the suspects have been coercing and extorting senior government officials while claiming to be officials of EACC and some other times ODPP.
Barasa will give directions on the matter on Friday, March 21, 2025.
The three suspects were arrested at a hotel in Komarock, Nairobi where they had "summoned" a person under "their investigations" while allegedly claiming to be EACC investigators.
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