Court Orders Investigation into Alleged M-Pesa Fraud Linked to Police Mishandling of Evidence

A Nairobi court has ordered an investigation into claims that money was illegally withdrawn from a suspect’s M-Pesa account while his phone was in police custody

Magistrate BenMark Ekhubi directed the investigating officer in the case to appear in court and explain how the suspect’s mobile phone and personal identification number (PIN) were accessed, leading to unauthorized withdrawals

The directive followed an application by police officer Charles Lotira, one of several individuals charged with engaging in organized criminal activities in Turkana County, including the alleged sale of ammunition for financial gain. All the accused have denied the charges

Through his lawyer Danstan Omari, Lotira told the court that his mobile phone was seized during investigations and later returned. However, he claimed that during the period it was held by police, officers were granted access to his PIN

Upon recovery of the phone, he reportedly discovered that more than Ksh.30,000 had been withdrawn from his M-Pesa Fuliza account without his authorization

Omari argued that the incident raises serious concerns about the handling of digital evidence by law enforcement and possible breaches in the chain of custody. He urged the court to summon mobile service providers to produce transaction records and explain how the withdrawals occurred

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In response, Magistrate Ekhubi ordered the investigating officer to present a detailed explanation outlining how the funds were accessed, who was responsible, and how the suspect’s PIN was compromised

The case highlights growing concerns over the security of digital evidence and the protection of personal financial information during criminal investigations