A Nairobi court has summoned two Directorate of Criminal Investigations (DCI) officers to appear on October 1 and explain why electronic devices belonging to suspects featured in the BBC documentary Blood Parliament were allegedly installed with surveillance software while in police custody.
Milimani trial magistrate Wambo issued the summons after the officers failed to attend Monday’s session.
Lawyer Ian Mutiso urged the court to compel their appearance, saying they needed to clarify the allegations. The magistrate adjourned the case to October 1, when the officers are expected to respond.
Last week, the suspects claimed spyware had been secretly planted on their devices during the period the gadgets were held by police.
A forensic report by the University of Toronto’s Citizen Lab, tabled in court, confirmed that one suspect’s phone had been infected with the commercial spyware FlexiSPY.
The report revealed that the handset, belonging to Nicholas Wambugu, was confiscated on May 2, 2025, and returned on July 10, 2025. Analysis showed the spyware was installed on May 21, 2025, while the device was still in state custody.
The suspects Nicholas Wambugu, Brian Adagala, Mark Denver Karubiu, and Christopher Wamae are the filmmakers behind the Blood Parliament documentary.
The court heard that FlexiSPY is a powerful surveillance tool capable of recording calls, intercepting messages, tracking location, taking screenshots, remotely activating microphones, and even deleting or altering data.
The software has previously been linked to state surveillance, the targeting of journalists and activists, and criminal syndicates.
Citizen Lab researchers further testified that while their analysis confirmed the presence of FlexiSPY, they could not rule out the possibility that additional spyware or tampering occurred while the device remained in police custody.
The four suspects were arrested in May 2025 and detained at Muthaiga Police Station shortly after the BBC aired the exposé.
The documentary detailed how security forces opened fire on anti-tax protesters outside Parliament in June 2024, leaving several dead and many more injured.
The DCI arraigned the suspects under a miscellaneous application, which remains active. However, no formal charges have been filed by the Director of Public Prosecutions (DPP).
The suspects are currently out on bail.
