A Nairobi court has ordered a police investigation officer to personally appear and account for how money was withdrawn from an accused person’s M-Pesa account using a PIN allegedly accessed during a phone confiscation.
The directive was issued after police officer Charles Lotira, who is facing separate criminal charges, complained that unknown persons withdrew more than KSh 30,000 from his M-Pesa and Fuliza accounts after his mobile phone was seized by authorities and later returned. Through his lawyer, Advocate Danstan Omari, Lotira told the court that the PIN number was surrendered to officers during the confiscation only for unauthorized withdrawals to follow shortly after.
Omari argued that the incident raises serious questions about the integrity of officers handling digital devices and the protection of confidential information belonging to accused persons. He insisted that the court must establish how the PIN was accessed, who carried out the transactions, and whether the handling of the phone compromised Lotira’s financial security.
Magistrate BenMark Ekhubi ordered the investigating officer to appear in person and provide a detailed explanation on how the account was breached. The court also heard that Lotira intends to summon mobile service providers to produce data on the disputed transactions, including timestamps and device logs that may show how the withdrawals were executed.
Lotira and several others are currently charged with engaging in organised criminal activities in Turkana, including allegations of selling ammunition for profit charges they all deny. The fresh claims of M-Pesa fraud now introduce a new layer of scrutiny over the conduct of officers involved in the investigation.
