Court summons IPOA official over OCS phone fraud claims

A Nairobi magistrate's court has summoned Senior Assistant Director of Investigations at the Independent Policing Oversight Authority (IPOA), Abdirahman Jibril, to appear in court this Friday over allegations of misconduct relating to the handling of a mobile phone belonging to an OCS Samson Talaam currently under investigation over murder of Albert Ojwang'.

Magistrate Benmark Ekhubi issued the order during a heated session on Wednesday afternoon, following concerns raised by defence lawyers representing Talaam OCS at Central Police Station, Nairobi.

The details have emerged after the court ordered OCS Talaam to remain in custody for 15 days pending investigations over the killing of Ojwang'.

The defence, led by prominent criminal lawyer Dunstan Omari, alleged that the phone belonging to Chief Inspector Talaam currently in IPOA custody, has been used inappropriately to solicit money from members of the public.

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“Your Honour, we have credible evidence that individuals, including respected lawyer Cliff Ombeta, have received messages from Talaam’s number requesting money.  Mr Ombeta was asked for Sh80,000 by the unidentified caller using the OCS Taalam phone. The phone is being used for fundraising with claims that the OCS is in trouble and needs financial help,” Omari told the court.

He added that the alleged fraudulent messages appear to be part of a wider scheme, noting that family members of the OCS have also reported receiving distressing messages from the same number, which is supposed to be securely stored by IPOA investigators.

 “This is a serious issue. IPOA commissioners are the custodians of that phone and the corresponding passwords. If that phone is being used to swindle Kenyans while under IPOA’s watch, then someone must be held accountable. We are asking this court to summon the commissioners themselves,” Omari urged.

Magistrate Ekhubi responded by ordering Mr. Jibril to appear in person to provide an explanation regarding the phone's custody and the alleged breach.

The magistrate emphasized the seriousness of the claims, citing the need for transparency and accountability from oversight bodies.

 “These are grave allegations. The integrity of constitutional offices must not be put into question. Mr Jibril must appear before this court to explain how a phone in IPOA’s custody could be used in such a manner,” the magistrate ruled.

The defence lawyers further pointed out that they had previously not opposed IPOA’s request to take custody of the phone, acknowledging the authority’s constitutional mandate.

“It was a spirited fight by IPOA to get access to that phone. We did not object because we respect IPOA’s role. But if that trust has been abused, then the leadership must explain,” Omari argued.

The Office of the Director of Public Prosecutions (ODPP) through Victor Owiti is expected to respond to the allegations through the IPOA on Friday

The defence has indicated it will press further for the appearance of senior IPOA officials in court, should the explanation from Jibril prove unsatisfactory.

Meanwhile, lawyer Cliff Ombeta confirmed to reporters outside the courtroom that he indeed received a request for funds from the OCS’s number, stating:

“I was shocked. I know the probe is ongoing on the phones of my client the OCS, but when I received a message asking for Sh80,000 to help ‘rescue’ the OCS, I knew something was very wrong. That number should not be in use, let alone for fraud.”

The matter is expected to be mentioned on Friday with Mr. Jibril's anticipated appearance.