Independent policing oversight Authority (IPOA) wants access to mobile phone records as part of investigations into the death of Albert Omondi Ojwang, who died while in police custody at Central Police Station on June 7.
In an urgent application filed before the magistrate’s court, IPOA is seeking a court order compel Safaricom Kenya Limited to release call data records, subscriber details, and travel patterns linked to 17 mobile phone numbers believed to have been used by persons of interest in the ongoing investigations.
IPOA also wants Safaricom to nominate an authorized officer to provide a certificate of production of electronic evidence under Section 106B(4) of the Evidence Act, confirming the authenticity of any digital records produced in court.
Through investigator Abdirahman Jibril, IPOA told the court that the data is critical in helping the agency determine whether legal action should be taken over the incident.
IPOA wants the court to grant access to communication data and travel logs from June 4, at 5:00 a.m. to June 8, at 12:00 a.m.
“IPOA is currently conducting investigations into the death in custody of Albert Omondi Ojwang and requires information relating to the mobile numbers allegedly used by persons of interest during the period in question,” said Jibril.
Jibril alleged that the documents sought are mostly electronic and can only be used in court if certified in accordance with the law.
“Most if not all of the documents that the Applicant seeks to secure are either maintained electronically or shall be produced electronically thus electronic evidence for which certificate contemplated under section l068 (4) of Evidence Act, Chapter 80 Laws of Kenya is essential,” said Jibril.
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