Republic v David Mwangi Laban

from his Mpesa account, however I was indeed indisposable as I was in Migori County on offduty. 3. 6. That on the 20th September, 2024, the respondent herein was indeed arrested at Baricho Magistrates’ Law Court vicinity. 7. That upon his arrested and conducted a quick search on him, I recovered in his possession a Corn Buttoned phone which is black in colour fitted with Safaricom line 074XXXXXX26 and an Airtel line of 07XXXXXX06, ref. a copy of inventory. 8. That on the 7th August, 2024 at around 1639 hours, when we believe that the deceased was indeed captured, coerced, tortured and eventually murdered and his body buried inside the mountain at Kiamugongo commonly referred to us Shakahola, he was indeed coerced by the respondent herein who then transferred the deceased Mpesa money worth Ksh. 2,900/= from deceased Mpesa number 07XXXXXXX26 into another Mpesa 07XXXXX58. 9. That this Mpesa number 07XXXXX58 is in fact registered under the names of Laban Wamugunda who is the respondent’s biological father. 10. That the said Laban Wamugunda indeed stated that on the material day on the 7th August, 2024, the line in question was in possession of the respondent herein. 11. That in view of the above circumstances, I therefore pray that the respondent herein should not be allowed to withdraw any money from his Mpesa Account number, since the money therein forms part of the proceeds of crime.” The respondent/Accused herein has by Replying Affidavit of 23rd March, 2026 responded to the Prosecution’s position as follows: 1. That I am the accused herein and a male of sound mind hence competent to swear this affidavit. 2. That I have read and understood the Affidavit dated 11th march, 2026 filed by Ip. David Omollo. 3. That I made an application before this honourable court for the prosecutions to assist me to transact my Mpesa phone number 074XXXXXX26. 4. That I also engaged the prosecutions through my advocates to authorize the lead investigating officer herein to release my personal effects and documentation. (attached herein is a letter dated 23rd October, 2025) 5. That despite my engagements, my efforts have remained futile as my requests have not been adhered to. 6. That the investigating officer acknowledges in his affidavit dated 11th March, 2026 in paragraph 3 and 4 that I have engaged them to enable release of my personal documents and also to facilitate me to transact my Mpesa. 7. That upon being arrested on 20th September, 2024, the police officers together with the investigating officers took me to my home after seven days, where they managed to take the various documentation, my phone and receipts as part of their investigations in this case. 8. That I was not supplied with any inventory document to show what they had received to aid their investigations. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5059/eng@2026-04-16 2

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4. 9. That the investigating officer in paragraph 7 acknowledges that upon arrest he indeed took corn buttoned phone with Safaricom line number 074XXXXXX26 and Airtel line number 07XXXXXX06 which belongs to me. 10. That I have not made any request to transact with the deceased phone number or my father’s number as alluded by the investigating officer. 11. That I have patiently allowed the investigating officers to collect the necessary evidence to aid them in their investigations but it has been two years since and my personal effects and phone has not been released to me. 12. That assistance to transact through my Safaricom line will aid me to contribute to my cash bail. 13. That release of my personal documentation including my children’s birth certificates, my medical reports, bail receipts and other equipment receipts are vital and should be released to me or my father as then same are not in use for any ongoing investigations.” The DPP filed a Supplementary Affidavit sworn by the Investigating Officer on 9/4/2026 clarifying as follows: “ Supplementary Affidavit I, NO.XXXXX4, Ip David Omollo of P.O. Box 19 -10300 Kerugoya in the Republic of Kenya. In furtherance to my earlier Affidavit dated 11th March 2026 and the accused person's responses vide his replying affidavit dated 23rd March 2026 thereof, I wish to reply and hereby do make oath and states as follows: 1. That, I am a police officer currently attached to DCI Kirinyaga west SubCounty whereby I investigates all criminal cases; 2. That I am the lead investigating officer in this matter, thus seized with the facts surrounding it; 3. That, In reference to paragraph number 4 of the accused persons' replying affidavit, I have filed a list of personal effects and documentation referred therein which I do hereby return to the accused person or his advocate, ref. List Of Items/properties - Marked B-1; 4. That I have also prepared an acknowledgement letter regarding the same items being returned to the accused person; 5. That some items have been taken as Exhibits in this case and a list of such items is indicated as EXHIBIT in the list provided, ref. List Of Inventories Recovered - Marked B-2i & ii ; 6. . That; All the inventories, items/properties were indeed collected inside the residential house of the accused person in his presence and he indeed acknowledged by signing the inventory for the same. 7. That; In reference to paragraphs numbers 10 and 12, I urge his Lordship to turn down the accused person's plea to be allowed to withdraw any money from his phone/ Safaricom/ Airtel lines that are currently detained as exhibits; 8. That The alleged monies by the accused person are being considered a proceeds of crimes sine he had in fact benefited from ksh.2,900/= from the deceased https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5059/eng@2026-04-16 3

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Mpesa account prior to the deceased murder, ref. Mpesa Statement For The Deceased - Marked B-3; 9. That The said monies were indeed transferred from the deceased to a Safaricorn number which at the time was in possession of the accused person and the number is registered under the names of Laban Wamugunda who is the biological father to the accused person; 10. That Upon the murder of the deceased, his motor cycle of make FOCIN of registration number KMCH 541 M was indeed robbed off from him and is believed to have been sold off by the accused person hence he benefited.” 5. It is not correct that the accused needs to operate his MPESA account to pay for cash bail, as the terms of bail in this case was bond security with surety with no alternative of cash bail. 6. On the Affidavit evidence before the Court, it is clear that the phone and the Mpesa transactions made therein will be exhibits/evidence before the Court during trial. The Court cannot at this stage anticipate the exact nature or extent of evidence to be presented by the Prosecution at the trial so as to determine whether the items held by the Prosecution will be put in evidence or not. On a balance of probabilities, having regard to the affidavit averments of the Investigating officer and the Accused, the two phones and the transactions therein are likely evidence to be exhibited before the Court, and it would be prejudicial to allow their release at this time. 7. It would prejudice the Prosecution’s case to order the release of the phone and transaction withdrawing the money in the Mpesa Account before evidence thereon is taken not a determination as to the ownership of the money is made, as the evidence would not then be available or it would have been tampered with in the course of the intervening transactions. Orders 8. Accordingly, for the reasons set out above, the Court declines the request for release of the phone for purposes of the Mpesa withdrawal transaction by the accused or the facilitation for that purpose. The Court does not, however, make any determination that the money is part of proceeds of crime as urged by the investigating officer, at this stage. 9. The prosecution shall, however, forward to the Accused through his Counsel all the other items and property including certificates taken from him at the time of, or upon, his arrest, which are not being retained as exhibits for purposes of this trial. 10. The Hearing/the trial shall proceed as previously set on 20th July, 2026. Order accordingly. DATED AND DELIVERED THIS 16TH DAY OF APRIL 2026. EDWARD M. MURIITHI JUDGE Appearances: Mr. Mwangi for DPP. Ms. Ngumbao for the Accused. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/5059/eng@2026-04-16 4

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