By Andrew Kariuki
A Nairobi magistrate’s court has ordered the release of activist Mwabili Mwagodi on a personal bond of Ksh500,000 after declining a prosecution request to detain him for seven days to complete investigations into alleged false publication.
When the matter came up before Principal Magistrate Teresiah Nuagena, the prosecution presented two applications.
The first sought authority for the Directorate of Criminal Investigations (DCI) Digital Forensic Laboratory to analyse, extract and print evidential material from Mwagodi’s mobile phone, which is already in police custody.
The second application requested the court to detain the activist at Muthaiga Police Station for seven days to allow investigators to conclude their probe.
The court allowed the application for forensic analysis of the device but imposed limits on the scope of the examination.
“Having considered the application, I allow the application, but there will be a limit of data analysed by the investigating officer,” the magistrate ruled.
However, the court declined the request to hold Mwagodi in continued custody, finding that the prosecution had not demonstrated sufficient grounds to justify further detention.
The prosecution had argued that more time was needed to complete investigations related to alleged publication of false information on Mwagodi’s X (formerly Twitter) account.
In rejecting the application, the court noted that Mwagodi had already been held in custody since February 15, 2026, without investigations being concluded, and that the primary item under investigation, his mobile phone, was already in the possession of the police.
The magistrate held that, in balancing the interests of justice, continued detention was not warranted.
“The accused be released on a personal bond of Sh500,000 and his passport be placed before court,” the magistrate ordered.
Mwagodi, who was represented by advocate Ian Mutiso of the Law Society of Kenya (LSK), had urged the court to safeguard his client’s liberty while allowing investigations to proceed.
Mutiso further requested that if his client was required to report to the police, the process should be limited to brief appearances, arguing that reporting should only serve to confirm his presence within the jurisdiction.
The prosecution opposed the proposed limitation, maintaining that investigators should have adequate access to the suspect for purposes of the ongoing inquiry.
The court, however, emphasised that investigations must be conducted expeditiously and strictly within the law.
Mwagodi was arrested on Sunday at the Lunga Lunga border before being transferred to Port Police Station in Mombasa and later to Muthaiga Police Station in Nairobi, where he spent the night.
The matter will be mentioned on March 3, 2026, for further directions as investigations continue.
