The High Court has summoned the Independent Policing Oversight Authority (IPOA) to explain how a phone belonging to Officer Commanding Central Police Station (OCS) Samson Talaam has been in use while he is in custody.
A report presented to the court revealed that OCS Talaam has been allegedly sending text messages from his phone, yet he is in custody.
Further, the OCS submitted his phone as evidence to the IPOA investigative team when he was arrested.
Consequently, the development has raised questions about possible tampering or misuse of the device.
The court now wants clarity on the chain of custody and handling of the officer’s phone during the investigation.
Also Read: Why Central Police Station OCS Samson Talam Wants Court to Stop His Prosecution
IPOA Responds to Court Over OCS Taalam Using His Phone
A counsel from IPOA responded to the allegations, saying that there are cases where suspects clone their phones and continue using them using different gadgets and SIM card.
“We are also alive to spoofing, where before you issue your phone for an investigative process, you clone your phone.
“So it is seen as if your phone is still active somewhere, yet it is controlled by a different gadget or SIM card,” she said.
However, she assured the court that since the phone was taken into evidence, nobody had interfered with it.
The IPOA team also assured the court that it would present the required paperwork to prove the chain of custody.
“As council at IPOA, at no point do we interfere with the exhibit. And since we have a clear chain of custody, we can trace from the day it was taken and where it went.
“We have been informed that it is in the lab, and paperwork is there. So allow us that time to present the paperwork,” added the IPOA counsel.
Also Read: Nairobi Central Police Station OCS Samson Talam Arrested
Justice Lawrence Mugambi on the Matter
At the same time, Justice Lawrence Mugambi asked IPOA to take the matter seriously, asking them to agree on a date to further discuss the matter.
“This is a very sensitive matter, and we should equally take it with the seriousness it deserves. It has been raised and reported.
“So let’s have a mention where the lead investigating officer will come to court, only for purposes of confirming, because he is the one in custody of the same phone,” Justice Lawrence Mugambi directed.
According to the court, the matter has been reported to Langata police station, and the IPOA investigative team is expected to issue a statement at the station as well.
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