The High Court has cleared the way for the criminal trial of Benjamin Okello, on November 10, 2026, a Nairobi phone technician accused of tampering with M-Kopa security systems. The technician allegedly modified credit-financed smartphones to bypass payment restrictions imposed on customers who defaulted.
The case involves specialised electronic equipment recovered from Okello’s repair shop in Mradi, Mathare. The High Court dismissed his petition challenging the constitutionality of the law under which he was charged.
DCI Links Technician to 26 Phones
Investigations by the Directorate of Criminal Investigations (DCI) linked Okello to the alleged unauthorised alteration of 26 M-Kopa phones.
Forensic examination also indicated that 365 devices had passed through specialised flashing equipment recovered from his shop.
During the raid, police reportedly recovered 71 phones alongside computers, laptops and external storage devices.
M-Kopa identified 24 of 29 examined phones as belonging to the company. It alleged that 23 had been modified to defeat its payment controls.
A further examination identified 18 additional phones linked to M-Kopa financing arrangements. The devices were valued at KSh303,487, with 17 reportedly still active on loan.
M-Kopa Explains Security System
M-Kopa finances smartphones through daily instalment arrangements. The company retains ownership until customers complete their payments. It uses remote security software to restrict devices when customers default.
The company told the court that some financed phones had allegedly been manipulated to bypass these restrictions. This allowed users to continue operating devices without completing their payments.
Technician Challenges Criminal Charges
Okello maintained that he operated a legitimate phone repair business. He argued that customers brought devices to his shop for diagnosis, software servicing and repairs. He also said he could not know whether customers had outstanding financing agreements with M-Kopa.
Together with his lawyer, Gabriel Owade, Okello challenged Section 323 of the Penal Code. They argued that the provision violated the presumption of innocence and the right against self-incrimination.
High Court Allows Trial to Proceed
On November 5, 2026, Justice David Mburu dismissed the constitutional petition. The ruling allows the criminal proceedings at Makadara Law Courts to continue.
The court noted that operating a repair business does not automatically shield someone from investigation. However, possessing phones and diagnostic equipment alone does not establish criminal conduct.
Okello faces a charge of possessing suspected stolen property under Section 323, read with Section 36 of the Penal Code.
The prosecution must still prove the allegations in court. Okello has not been convicted, and the criminal trial will determine his guilt or innocence.
