A Nairobi court has directed authorities to investigate alleged M-Pesa fraud involving a mobile phone seized during a criminal investigation, raising questions about the handling of sensitive digital information by law enforcement.
Magistrate BenMark Ekhubi issued the directive following an application by police officer Charles Lotira, who, along with several others, is facing charges of engaging in organised criminal activities in Turkana, including the alleged sale of ammunition for financial gain. All accused have denied the charges.
Lotira, through his lawyer Danstan Omari, informed the court that his mobile phone had been confiscated by police during investigations and later returned. He claimed that during the period the phone was in police custody, officers had been granted access to his personal identification number (PIN).
Upon receiving the phone, Lotira allegedly discovered that over Ksh. 30,000 had been withdrawn from his M-Pesa Fuliza account without his authorisation. The incident has raised serious concerns regarding the security of mobile money transactions and the management of digital evidence in police custody.
Omari argued that the case highlights potential breaches in the chain of custody and lapses in digital security protocols, suggesting that the unauthorized access to Lotira’s account may have originated from mishandling by law enforcement officers.
In response, Magistrate Ekhubi ordered the investigating officer to provide a detailed account of how the M-Pesa account was compromised, including identifying the individuals who accessed the funds and explaining how the PIN was exposed.
Additionally, Lotira is requesting that mobile service providers be summoned to submit transaction records and clarify how the withdrawals occurred. The court’s directive underscores growing concerns about mobile money security and the responsibilities of authorities in safeguarding personal digital information.
As mobile money becomes an increasingly integral part of financial transactions in Kenya, this case highlights the importance of strict protocols when handling devices and data linked to investigations.
