Muthaiga Police Station officers are on the spot for the alleged torture of SIM swap fraud suspect David Mutai.
Through his lawyer, Felix Kiprono, the suspect lamented that police officers were denying him his basic rights.
Kiprono further argued that the suspect was being held in contravention of the constitution.
“It is two days now since my client had any food which is against the law and basic human rights.”
“We brought food to him but police officers have refused to deliver the food on our behalf,” the lawyer protested.
The lawyer further claimed that Mutai was being denied his right to representation.
“It is now two days since the arrest but we are unable to prepare proper defense ahead of arraignment.”
“This is because every time we try to access our client the officer in charge of serious crimes turns us away,” Kiprono complained.
Right to be represented by an advocate is anchored in the Constitution of Kenya (2010).
Article 50 (2) (g) of the Constitution of Kenya, 2010 provides an accused person with the right to choose and to be represented by an advocate.
Further, Article 50 (2) (h) provides the accused person with the right to have an advocate assigned to them by the State at the State’s expense if substantial injustice would otherwise result to the accused person.
The suspect was arrested on December 31 in Kericho County and according to the police report, he was found hiding in Sigor trading center, Chepalungu.
He is among a group that is being accused of defrauding a politician of Ksh941,000 through an illegal SIM swap.
