IPOA commissioners under probe over misuse of OCS Talaam's phone

Nairobi Central Police Station OCS Samson Talaam who was suspended over the murder of Albert Ojwang in custody. [Courtesy]

The Directorate of Criminal Investigations (DCI) has opened investigations into senior officials of the Independent Policing Oversight Authority (IPOA) following allegations that a phone belonging to Central Police Station OCS Samson Talaam, currently in custody, is being used to solicit money from the public.

The probe began after OCS Talaam filed a complaint claiming that his phone, which had been confiscated by IPOA as part of an investigation into the death of blogger Albert Ojwang', was being used to send fraudulent messages requesting funds, despite being under IPOA’s custody for forensic analysis.

The claims were presented before the court by lawyer Danstan Omari on Wednesday, who revealed that several individuals, including lawyer Cliff Ombeta, had received suspicious requests for money from Talaam’s number.

“Your Honour, we have credible evidence that individuals, including one of the defence lawyers Cliff Ombeta, have received messages from Talaam’s number requesting financial help,” lawyer Danstan Omari told the court.

“Mr Ombeta was asked for Sh80,000 by an unidentified caller using the OCS Talaam phone. The phone is being used for fundraising with claims that the OCS is in trouble and needs financial help.”

“This amounts to a serious breach of protocol and could indicate a criminal conspiracy within IPOA itself.”

Omari further alleged that even members of Talaam’s family had received emotionally manipulative messages from the same number. He argued that IPOA, as the legal custodian of the device, must be held accountable.

“This phone is an exhibit in a sensitive investigation involving a possible extrajudicial killing. If it’s being used for criminal purposes under IPOA’s watch, then serious questions must be asked about the integrity of the institution,” Omari added.

The lawyer told the court that the issue is very serious and urged the court to compel the IPOA commissioner to step aside to allow an investigation into the allegations facing them.

“IPOA commissioners are the custodians of that phone and the corresponding passwords. If that phone is being used to swindle Kenyans while under IPOA’s watch, then someone must be held accountable. We are asking this court to summon the commissioners themselves.”

Omari further urged the IPOA commissioners to step aside to allow an independent investigation into the misuse of Talaam’s phone, stating that the OCS believes the matter won’t be properly handled if IPOA remains involved.

The court heard that two individuals whose names were not given have already recorded statements with DCI detectives regarding the matter. 

Curiously, since the issue was raised in court on Wednesday and the fraudulent use of the phone was exposed, no further messages have been sent from the device.

IPOA’s Senior Assistant Director of Investigations, Abdirahman Jibril, has been summoned to appear in court on Friday.

When he appeared, the Director of Public Prosecutions (DPP), through state counsel Victor Owiti, informed the court that a formal letter had been sent to the DCI requesting a full investigation into the allegations raised by OCS Talaam.

“Given the seriousness of the allegations, we have asked the DCI to conduct a thorough and independent investigation on these grave allegations made against IPOA officials,” Owiti stated.

Magistrate Ekhubi emphasized the importance of maintaining the credibility of oversight institutions and warned against any interference in the ongoing investigation process

“The court will not tolerate any attempt to compromise investigations. IPOA and the DPP must allow the DCI to carry out its mandate independently,” he stated

“You know this is very serious, and as a court, we support applications aimed at concluding investigations. I would not wish us to interfere in any way,” the magistrate said.

He noted that a complaint has been lodged by OCS and provided the messages showing the fraudulent claims.

"I remember on Wednesday, lawyer Ombeta produced a text in court on the same, and he should share the same with the DCI,” Ekhubi added.

He issued a stern warning to both the DPP and IPOA against interfering with the ongoing investigations.

“Let you, IPOA and DPP, not interfere with the investigations and take this matter with the seriousness it deserves,” the magistrate warned.

“These are grave allegations. The integrity of constitutional offices must not be put into question,” Ekhubi stated, emphasizing the importance of transparency and accountability, especially from independent institutions tasked with overseeing police conduct, particularly in a case involving a possible extrajudicial killing.

The magistrate directed the DCI to file a full investigation report and present it to the court by July 1, 2025.