The Directorate of Criminal Investigations (DCI) has been caught up in fresh controversy after being accused of planting spyware on the phone of activist and filmmaker Bryan Adagala.
Lawyer Ian Mutiso, who is representing four filmmakers connected to the BBC’s hard-hitting documentary Blood Parliament, revealed on Wednesday, September 10, that independent digital forensics had confirmed the presence of spyware on some of the seized devices.
The forensic review was conducted by Citizen Lab, a well-known research group that investigates global digital threats targeting activists, human rights defenders, and civil society organizations.
According to the Citizen Lab report, the spyware was secretly installed on Adagala’s device on May 21 at exactly 5:17 p.m., a time when the phone was still in police custody.
The phone was only returned to him on July 10. Investigators explained that the spyware is not highly sophisticated and can be bought cheaply on the market by anyone who has physical access to a device, especially Android phones.
The report further explained that this type of spyware has multiple invasive capabilities. It can secretly record phone calls, turn on the microphone to capture conversations, intercept both SMS and app-based messages such as WhatsApp, take screenshots, and even track the exact location of a user.
In addition, it can delete or modify data stored on the device without the user’s knowledge.
What makes the situation more alarming is that the spyware is relatively low-cost and easy to obtain, meaning it can be misused by state agencies, criminals, or even private individuals. Mutiso strongly condemned the actions, saying they violated the fundamental rights and privacy of his clients.
He also linked the findings to a worrying trend where powerful groups, including criminal cartels, are suspected of using similar spyware to monitor and intimidate activists and government critics.
Adagala, together with fellow filmmakers Nicholas Wambugu, Chris Wamae, and Markdenver Karubiu, had earlier been arrested on May 2 under mysterious circumstances during a raid at their Karen-based studio.
The four spent the night in police custody, first held at Muthaiga Police Station before being transferred to Pangani Police Station. Their equipment and hard drives were confiscated, but they were never formally charged. The reasons for their detention were never made clear.
They were only released the next day on free bond after an uproar on social media, where Kenyans online demanded their immediate release and accused the police of targeting whistleblowers.
The BBC’s Blood Parliament documentary has caused a storm in the country. It spotlighted the alleged involvement of the National Police Service (NPS) and the Kenya Defence Forces (KDF) in the brutal crackdown on Gen Z-led protests held on June 25, 2024.
Some of the footage aired in the documentary showed armed officers from the NPS and KDF shooting directly at demonstrators, actions that reportedly resulted in deaths.
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