Lawyers of main suspect in SIM swap fraud allege torture of their client

Lawyers representing David Mutai, the main suspect in the SIM swap fraud have alleged that their client has been deprived of his basic human rights by the detectives investigating his case.

The suspect is currently being held at Muthaiga Police station awaiting arraignment in court tomorrow.

Mutai alias Hillary Langat was arrested by the sleuths from the Directorate of Criminal Investigation (DCI) in Kericho County.

Mutai is suspected of leading a wide syndicate with its headquarters in Kapkwen town in Bomet County.

"Our client has been denied food by the police for two days. We bought food for him and when we went to Muthaiga Police Station, we were denied access to see him. We have pleaded with the police to deliver the food for him on our behalf but they have refused," claimed Felix Kiprono, his lawyer at Muthaiga police station.

He went on: "We also came to talk to our client seeking vital information from him to enable us to prepare his defense ahead of his arraignment in court but we have been denied access. We were told to seek consent from the DCI boss in charge of serious crimes but when we went to him, he turned us away,"

Mr Kiprono also alleged that since his arrest, the suspect has not recorded any statement to that effect and no one has come forward to complain that he was defrauded by the suspect.

"The police are torturing our client by playing cat-and-mouse games with his advocates. We will oppose any application by the police of any detention after the suspect is presented in court," said Kiprono

Philip Lagat, also the suspect's lawyer, said that the Bill of Rights was under threat, claiming that they were threatened by the police for representing the suspect.

"An advocate cannot be denied access to see his client even if the suspect is a capital offender, we have a right to represent anyone and those threatening our lives should know that if anything happens to us, they will be held responsible," said Lagat

His arrest came just a day after the DCI circulated his image to the public.

Mutai is accused of being behind a SIM swap fraud gang that operates in Mulot, a trading centre between Bomet and Narok counties.

SIM swap fraud involves hijacking a victim's mobile phone number and using it to gain access to personal data and bank accounts through mobile banking applications.

The DCI said two of the suspect's accomplices are in custody after robbing a Rift Valley politician of Sh941,000.

Detectives said a recent case leading to the arrest of the two lifted the lid on his dealings. Justus Rono, 28, and Kevin Kiplangat were arrested early this month.

Police said Rono was arrested in Mulot while Kiplangat was nabbed at his hideout in Sigor trading centre, Chepalungu.

A police report said Rono is Mutai's trusted lieutenant. "Rono disguises himself as a boda boda rider and ferries Mutai on his bike to avoid detection by police."

Police also say they have obtained images of Rono showing off wads of cash suspected to have been stolen.

The frauds that operate in Mulot have perfected the art of swindling the public by impersonating senior state officials and promising opportunities in government, including employment.

The suspects are said to have registered multiple SIM cards using details from fraudulently acquired identification documents and deposited the siphoned money to different M-Pesa accounts.

Police also said they suspect that the fraudsters are working with rogue banking officials.

"They pose as customer care agents from banks then ask for a customer's account number, PIN, as well as details of the last transaction on the targeted account."

"They then use the details to duplicate the victims' account and after a successful SIM swap, the account is swept clean in a matter of seconds," the DCI report further stated.

Local financial institutions are the most targeted due to their inferior network segmentation systems that expose their clients' data to fraudsters.