A police officer was at pain to explain to a Mombasa law court why he investigated a cybercrime offence yet he is attached to the Anti- terror police unit (ATPU).

Police constable Fredrick Muchiri attached to the Coast region Anti-terror Sub County unit appeared before, Mombasa resident Magistrate David Odhiambo to testify against Matilda Kizani.

Muchiri in his sworn testimony informed the court that,he was trained to carry out investigations under the counter Anterroism Act and was not trained  nor well versed in cyber crime investigations,a task that was handled over to him by his immediate boss named as Adam.

"When you were instructed by your boss, to deal with the case, didn't you feel this was a matter outside your mandate, were you investigating the accessed person for Terroism," Posed the defense Micheal Oloo.

Muchiri stated that he was informed by the Complainit namely, Abubakar  Joho that he had received the,Social media post allegedly made by Kinzani from Kenya Railways and cooperation Managing director Philip Mainga  informing him that there was a defemation post circulating on social media by the suspect.

He informed the court that he did not confirm the author of the alleged post from Johos mobile phone nor from Maingas mobile phone and was unable to inform the court if it had been forwarded by Joho.

Matilda Kinzani in court where she is facing charges of publishing false information

"If you never established through investigations the author of the social media post, is there a possibility that Mainga could have been the author? Posed Oloo

The officer in his testimony further stated that,contrary to what Joho had informed the court that, the social media made by Kinzani was as a result of business rivalry between him and the owner of   Bulkstream,namely Mohammed Jaffar, a statement he (Joho) did not inform police in his initial statement.

"It is true Mohammed Jaffar was never mentioned by Abubakar Joho in his statement to police," He testified.

He was further put to task to explain why police officers returned exhibits recovered from the suspects house before they were produced in court as evidence.

Stating that according to investigations, there were no links to connect the number of Kinzani to the Whatsapp messages that were alleged to have been shared by Mainga to Abubakar Joho's mobile phone.

Kinzani is facing charges of publishing false information under Section 23 of the Computer Misuse and Cyber Crime Act.

Hearing continuous on August 8 this year.

Written By: Peter Maseke.