Mulot sim swappers: Fraud case collapses over Safaricom, Airtel data delays
A section of shops at Mulot Central trading centre in Bomet County. (Inset) David Mutai alias Hillary Langat Matindwet., the alleged mastermind of the infamous Mulot SIM swap syndicate.
What you need to know:
- The prosecution's case hinged on obtaining registration documents and transaction records from Safaricom Plc and Airtel, which were deemed essential for the proceedings.
- However, despite the court's directive to secure this information within 14 days, the prosecution failed to meet the deadline, leading to the dismissal of the case.
The state has dropped a case against five individuals accused of involvement in a mobile phone money transfer racket, commonly known as swappers, due to the prosecution's inability to obtain crucial details from telecommunication companies within the court's specified timeline.
Titus Chepkwony, Marcus Kipkirui Langat, Brian Kipkirui Cheruiyot, Aaron Kimutai Bett, and a minor aged 17 had been charged on December 18, 2023, while five others arrested with them were subsequently released by the police.
The prosecution's case hinged on obtaining registration documents and transaction records from Safaricom Plc and Airtel, which were deemed essential for the proceedings.
However, despite the court's directive to secure this information within 14 days, the prosecution failed to meet the deadline, leading to the dismissal of the case.
Police raiding the suspects' hideout reportedly seized multiple SIM cards, and 11 national identity cards.
There were also exercise books containing personal information and financial details of individuals regarding their Mpesa balances, fuliza limits and Kenya Commercial Bank (KCB) Mpesa loan limits.
The items were preserved as evidence.
State counsel Clara Boyon informed Bomet Resident Magistrate MbethI Michuki of the incomplete investigation due to the unavailability of crucial data from Safaricom and Airtel.
“I confirm that a key part of the investigation is incomplete as the information from Safaricom and Airtel has not been available to us despite our request on December 27, 2023.
We do not want to hold the suspects any further as we do not know when the information from Safaricom and Airtel will be available. We pray that the suspects be released and the miscellaneous file is closed,” Ms Boyon stated.
The plea was granted by the court.
Defence advocate Caren Koskei argued against the continued detention of the suspects, emphasising their arrest without a court warrant.
She pointed out the lengthy duration of the investigation preceding the charges.
While the four adult suspects remained in custody at Chebunyo police station, the minor was released to parental care.
Earlier in the proceedings, the prosecution had sought court orders compelling Airtel and Safaricom to provide registration details and financial statements for specific mobile numbers, citing the need to safeguard the integrity of ongoing investigations into the cybercrime allegations.
“It is well established that the right to liberty is one that should be well guarded. The court takes judicial notice of the fluid nature of technology, the speed at which it changes to what would be considered minimal effort,” Ms Michuki stated earlier when the case came up for mention.
Mr Michuki underscored the importance of upholding individual liberties while acknowledging the rapidly evolving nature of technology.
“Bomet has been mapped as a cybercrime hub in Kenya and should the suspects be released on bail, they have the means and opportunity to interfere with the investigations and escape the jurisdiction of the court by absconding,” Ms Boyon said in her submissions before the court.
However, concerns were raised about the potential for interference with investigations if the suspects were released on bail.
Despite the prosecution's efforts to secure the necessary documents from telecommunication companies, the case's collapse represents a significant setback in combating cybercrime in the region.
Instances of fraudsters exploiting vulnerabilities in banking and mobile phone systems have become prevalent, particularly in areas like Mulot, straddling Narok and Bomet counties.
