The Directorate of Criminal Investigations (DCI) has denied secretly installing spyware on the phones and laptops of four filmmakers linked to the BBC’s 'Blood Parliament' exposé.
The claims began after a forensic report, which was presented to the court, showed that commercial surveillance software was found on one of the devices while it was in police custody.
Appearing before the court on October 1, DCI informed the court that they had received a search warrant to access the gadgets mentioned, and the department did not plant spyware on the devices.
“That the allegations are false since at no material time did the respondent cause installation or use of facilitated spyware or any unauthorised software on the said electronic gadgets.”
“We further asked to inform the court that in deed when we sorted forensic gadgets, we were guided by a search warrant to authorise examination and further to that the applicant's gadget had been subjected to forensic analysis by the exhibit we have highlighted as the exhibit,” DCI informed the court
Lawyer Ian Mutiso, who is representing the four filmmakers, disclosed on Wednesday, September 10, that an analysis was done on the gadgets, revealing the presence of spyware.
Mutiso added that it had discovered that the spyware was installed on the devices of activist Bryan Adagala, one of the filmmakers, on May 21 at 5.17 pm.
The gadgets were reportedly returned to Adagala on July 10, when he was released from police custody.
"I pray that this court continues to issue lawful direction on the matter being deliberated, that the allegation of the hearing by the applicant is contrary to asking the corresponding mandates, ability, capacity, skill set, or any inquiry to the law of any mandate," DCI added.
Adagala, together with Nicholas Wambugu, Chris Wamae, and Markdenver Karubiu, was apprehended on Friday, May 2, under unclear circumstances following a raid at their Karen studios.
They spent the night at the Muthaiga and Pangani Police Stations and were released the following day on a free bond.
In the midst of their detention, police confiscated their equipment and hard drives. Reports that emerged indicate that the four were not charged, and their presence under police custody remained unclear.
Spyware tool that can be purchased by anyone and easily installed on certain devices that they have physical access to, including Android phones.
