Activist Mwabili Mwagodi released on Sh500K personal bond

A Nairobi magistrate’s court has ordered the release of activist Mwabili Mwagodi on a personal bond of Sh500,000.

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The order comes after declining a prosecution request to detain him for seven days to complete investigations into alleged false publication.

When the matter came up on Wednesday, the court noted that the prosecution had moved it with two applications.

The first sought orders authorising the Directorate of Criminal Investigations (DCI) Digital Forensic Laboratory to analyse, extract and print evidential material from Mwagodi’s smartphone, which is already in police custody.

The second application asked the court to hold the suspect in custodial detention for seven days at Muthaiga Police Station to finalise investigations.

The court allowed the first application but placed limits on the scope of analysis.

"Having considered the application, I allow the application, but there will be a limit of data analysed by the investigating officer," the court ruled.

However, the court declined the second application seeking custodial detention.

The prosecution had argued that additional time was necessary to conclude investigations related to the alleged publication of false information on Mwagodi’s X (formerly Twitter) account.

In rejecting the request for further detention, the magistrate noted that Mwagodi had already been in police custody since February 15, 2026, without investigations being concluded.

The court observed that the gadget at the centre of the inquiry was already in the possession of the police, reducing the justification for continued detention.

“In balancing the interests of justice,” the court ruled that continued custodial detention was not warranted.

"The accused be released on a personal bond of Sh500,000 and his passport be placed before court," Principal Magistrate Teresiah Nyangena ruled.

Mwagodi was represented by advocate Ian Mutiso of the Law Society of Kenya (LSK), who urged the court to protect his client’s liberty while cooperating with investigators.

Mutiso also asked that, should the suspect be required to report to police, he should not be held for more than 10 minutes, arguing that the reporting requirement should merely confirm his presence within the jurisdiction.

The prosecution opposed the 10-minute limitation, maintaining that Mwagodi would be expected to appear for investigations as required by officers handling the matter.

The court, however, emphasised that investigations should proceed expeditiously and within the confines of the law.

The matter is scheduled to return to court for further directions on March 3, 2025.

Mwagodi, who was arrested on Sunday at the Lunga Lunga border and later taken to Port Police Station in Mombasa, spent the night at Muthaiga Police Station in Nairobi.