Four suspects accused of fraudulently swapping a SIM card belonging to former Central Police OCS, Taalam Samson Kiprotich, have been charged afresh before the Milimani Law Courts.
The accused Brian Ronoh Kiprotich, Amos Nzomo Kimanzi, James Mutemi Munyithya, and Dennis Masavi Musyimi denied a fresh charge sheet containing 13 counts, including conspiracy to commit a felony, computer fraud, identity theft, and unlawful possession of identity cards.
Prosecutor Danstan Omari urged the court to reconsider the bail terms previously granted, arguing that the offences posed a significant risk to the public. He claimed that exhibits in the custody of the Independent Policing Oversight Authority (IPOA) had been accessed irregularly, suggesting possible interference by the suspects. Omari further warned that releasing them under the same conditions could endanger Kenyans, noting that police were still pursuing additional suspects linked to the fraud.
He therefore requested the cancellation of the earlier bond terms and a pre-bail report to guide the court.
The defence, however, insisted that the circumstances of the case remained unchanged since the initial bail ruling. They argued that bail is a constitutional right and asked the court to uphold the bond terms previously set by Magistrate Dolphina Alego, saying the prosecution had not provided compelling reasons to alter them.
In her ruling, Magistrate Caroline Nyanguthi found no sufficient grounds to interfere with the existing bail terms. She observed that the second, third, and fourth accused had complied with bond conditions since their earlier release, with no evidence of interference with investigations.
The court also noted that the first accused, who has been in custody for more than two months, is a first-time offender. The prosecution confirmed it did not object to the retention of bail.
Magistrate Nyanguthi therefore upheld the earlier bail terms for the second, third, and fourth accused and granted the first accused fresh bail of Ksh150,000 cash or a bond of Ksh300,000.
The case will be mentioned on September 18.
