Muthaiga Police Department officers are at the scene to deal with the torture of SIM swap fraud suspect David Mutai. The suspect, through his lawyer Felix Kiprono, complained that the police had denied him his basic rights.

Kiprono further argued that arresting the suspects was unconstitutional.
“It’s been two days since my client ate food that violated the law and violated basic human rights.”

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

The lawyer also claimed that Mutai was stripped of his representation. “It’s been two days since the arrest, but we can’t prepare an adequate defense before charging.”

“That’s because every time we tried to approach our clients, the serious crime officers turned us away,” Kiprono complained. The Constitution of Kenya (2010) provides for the right to be represented by a lawyer.

Section 50(2)(g) of the Kenyan Constitution 2010 entitles defendants to choose and be represented by counsel of their choice.

Furthermore, Article 50(2)(h) entitles the accused to be appointed by the state at the expense of the state, otherwise the accused will suffer serious injustice.

The suspect was arrested in Kericho County on Dec. 31 and was found hiding out at the Segal Trade Center in Chepalungu, according to a police report.

He was part of a gang accused of defrauding politicians of Kenyan shillings of 941,000 Kenyan shillings through illegal SIM swaps.