Lawyers representing David Mutai, the main suspect behind a notorious mobile money fraud syndicate operating from Bomet and Narok counties, are now accusing police of abuse of their client's rights.
Addressing journalists at Muthaiga Police station where the suspect is being held, Felix Kiprono said his team has been denied access to the suspect since his arrest on Friday, December 30, 2022.
The lawyer claimed that Mutai, also known as Hillary Langat Matindwet, was being tortured by the police.
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According to Kiprono, the police have denied Mutai food for two days.
“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,” Kiprono alleged.
He noted that efforts to access their client for purposes of preparing a defence had been futile.
“We also came to talk to our client seeking vital information from him to enable us to prepare his defence 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,” he added.
Since his arrest, the counsel alleged, the suspect has not recorded any statement regarding alleged crimes.
The lawyer further claimed that the matter was unfounded since no victim has lodged a complaint against 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."
Another lawyer identified as Philip Lagat claimed that the defence team was facing threats from 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,” Lagat said.
Mutai was arrested outside KCB bank in Kericho town on Friday morning.
He was picked up by police officers guarding the bank after a tip-off from members of the public who spotted him in the busy town.
Mutai is believed to be the ring leader of the infamous Mulot Sim swap syndicate operating along the border of Bomet and Narok counties.
He was arrested two days after the Directorate of Criminal Investigations (DCI) declared him a wanted man.
In a statement on Wednesday, DCI described Mutai as a dangerous criminal who has previously served time in prison.
"Detectives have unmasked the mastermind of the infamous Mulot SIM swap syndicate, one David Mutai alias Hillary Langat Matindwet, a dangerous criminal who has previously served time in prison and has several cases and warrants of arrests hanging around his neck.
"This follows comprehensive investigations by the detectives based at the elite Crime Research & Intelligence Bureau, who unravelled the identity of the de facto leader of the criminal enterprise, responsible for SIM swap scam in which phone scammers hijack a victim’s cell phone number and use it to gain access to sensitive personal data and bank accounts through the mobile banking applications available on mobile phones," DCI said.
Accomplices
Police further said that Mutai and his two accomplices identified as Justus Rono and Kevin Kiplagat siphoned Ksh941,000 from a bank account belonging to a Member of Parliament (MP) who had travelled out of the country between December 2 and 3, 2022.
"In a recent case leading to the arrest of two of his accomplices, the scammers had siphoned Sh941,000 from a bank account belonging to a legislator from Rift Valley, who was out of the country on official duties between December 2 and 3 this month.
"Following the incident reported by the legislator,one of Mutai’s lieutenants Justus Rono, 28, was tracked down by detectives and arrested in the fraudsters paradise of Mulot, a dusty town shared between Bomet and Narok counties.
"Rono, who disguises himself as a boda boda rider is one of the main suspect’s trusted allies, who ferries him on his bike discreetly to avoid detection from our hawk-eyed sleuths. Images of Rono showing off wads of cash following some of the successful operations that they have conducted, were also obtained by the detectives," DCI tweeted.
"A second suspect identified as Kevin Kiplagat, was also apprehended at Sigor market Bomet county, in the latest arrest of SIM swap fraudsters who have sought refuge in the infamous trading centre that has gained notoriety for harbouring cons. The fraudsters who have also perfected the act of impersonating senior government officials recently obtained an unspecified amount of money from unsuspecting members of the public, after posing as a senior state official who would influence employment and business opportunities at a fee," DCI added.
How they defrauded victims
Police said the three suspects worked in cahoots with rogue banking officials to pose as customer care agents from banks before asking for a customer’s account number, PIN and other details.
"The suspects who have registered multiple SIM cards using details from fraudulently acquired identification documents, deposit the siphoned money to different Mpesa accounts, in a bid to make it difficult for detectives to track them down.
"In most instances, the fraudsters working in cahoots with rogue banking officials 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’ accounts and after a successful SIM swap, the account is swept clean in a matter of seconds.
"Local financial institutions are the most targeted due to their inferior network segmentation systems, that expose their clients’ sensitive data to the fraudsters in case of cyber threats.
"As a precautionary measure, Kenyans are requested not to reveal their national identity card name and number, the last time they made an M-Pesa transaction and the amount, the last airtime top-up and amount and the Personal Identification Number of their sim cards to strangers who contact them.
"You are also advised not to use your year of birth as your Personal Identification Number," DCI tweeted.
