The Director, Directorate of Criminal Investigations (DCI) Mohamed Amin Saturday explained the status of a case where a woman claims police officer from Kasarani sub county demanded money to fuel their car for an operation to arrest a suspect.
The woman had reported a case of Intentionally Withholding Payment Delivered Erroneously Contrary to Section 35 of Computer Misuse and Cyber Crime Act no. 5 of 2018 when she was asked for money to facilitate the probe.
Amin said he had instructed the DCI’s Nairobi Region Coordinator to launch a thorough probe into the allegations with the view of taking appropriate measures to deliver justice.
“The attention of the Director, DCI has been drawn to a viral video circulating on social media where a lady cried foul play by two Kasarani sub-county detectives who were handling her case,” Amin said.
He said the complainant, Irene Waithera Maina, while in Saudia Arabia wanted to send some money to her sister back in Kenya, thus went to the bank where she left a total of Sh413,000 and her sister’s details with the teller.
She was instructed to wait for three days before the money would reflect in her sister’s account, but on expiry of the period, her sister confirmed that she had not received the money.
The complainant returned to the bank only to find that the amount was erroneously deposited to a different mobile subscriber registered in the name of William Otieno.
The bank tried to reverse the transaction but only managed to reverse Sh171,000 while the balance of Sh242,000 had already been withdrawn by the unintended recipient.
Police said the complainant decided to board a flight to Kenya to follow up on the matter and reported at Kasarani Police Station where the case was referred to the DCI Kasarani for action.
Two detectives were assigned the case where they launched investigations into, “Intentionally Withholding Payment Delivered Erroneously Contrary to Section 35 of Computer Misuse and Cyber Crime Act no. 5 of 2018.”
Upon investigations, William Otieno was traced to Bande area at the Kenya-Tanzania border during the Christmas period, before he relocated to Mombasa at Likoni area.
On January 13, 2024, the suspect was nabbed and booked at Inuka Police Station in Likoni, police said.
In compliance with the 24-hour rule within which a suspect must be arraigned before a magistrate, the suspect was released on a Sh22,000 cash bail, but thereafter switched off his phone.
On February 20, 2024, the investigating officers got a tip on the whereabouts of the suspect, where they proceeded to Mombasa and managed to arrest the suspect the following day.
On February 22, the suspect was arraigned at Makadara Law Court where he was charged and granted bail of Sh200,000 with a surety of Sh400,000.
The case will be mentioned on June 18, 2024 with its hearing scheduled for October 24, 2024.
“Whereas the case is Pending Before Court (PBC), the alleged misconduct of the investigating officers will be investigated and appropriate action taken,” Amin said.
The complainant had gone on social media to complain on the issue. She said the accused person is even threatening her.
Police say they are investigating her claims of threats and if true they will ask the court for cancellation of the suspect’s bond.
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