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Officers from the Muthaiga Police Department are on the site to deal with the torture of SIM swap fraud suspect David Mutai. The suspect, through his lawyer Felix Kiprono, claimed that the police had violated his fundamental rights.

Kiprono also claimed that the suspects’ arrest was unlawful.
“It’s been two days since my client consumed food that violated the law and basic human rights.”

“We brought him food, but the police refused to deliver it for us,” the lawyer argued.

Mutai’s representation was also allegedly revoked, according to the lawyer. “It’s been two days since the arrest, but we still can’t prepare an adequate defense before charging.”

“That’s because every time we tried to approach one of our clients, the serious crime officers turned us away,” Kiprono lamented. The Kenyan Constitution of 2010 guarantees the right to be represented by a lawyer.

Defendants have the right to choose and be represented by counsel of their choice under Section 50(2)(g) of the Kenyan Constitution 2010.

Furthermore, under Article 50(2)(h), the accused is entitled to be appointed by the state at the expense of the state, unless the accused suffers grave injustice.

According to a police report, the suspect was apprehended in Kericho County on December 31 and was discovered hiding out at the Segal Trade Center in Chepalungu.

He was a member of a gang accused of scamming lawmakers of 941,000 Kenyan shillings through illicit SIM swaps.