A Nairobi court on Wednesday released civil society activist Mwabili Mwagodi on a KSh500,000 bond, refusing to extend his detention as police press ahead with an investigation into allegations that he spread false information through his social media account.
Principal Magistrate Irene Thamana of the Milimani Law Courts declined the prosecution’s request to hold Mwagodi for an additional seven days, ruling that his continued detention was not justified while investigators complete their work.
Court orders daily reporting to DCI
As a condition of his release, Magistrate Thamana ordered Mwagodi to present himself daily for seven days at the Directorate of Criminal Investigations offices at Muthaiga Police Station in Nairobi. Investigators handling the case are based at that station.
Prosecutors allege that between 2 January and 8 January last year, Mwagodi published content on his X account that was false, malicious, misleading and derogatory toward government leadership. Authorities have retained his mobile phone for forensic examination and sought more time to extract and analyse data from the device.
Defence cites constitutional rights; prosecution flags flight risk
Defence lawyers argued against the detention request, contending that keeping Mwagodi locked up any longer would violate his constitutional rights and undermine due process. The magistrate sided with that position.
Prosecutors pushed back, describing Mwagodi as a flight risk and pointing to his travel history outside Kenya. They also cited a so-called “Red Notice” that a Directorate of Criminal Investigations investigator allegedly requested in early 2025 — a measure that has drawn scrutiny and concern from human rights organisations monitoring the case.
Arrested at the border, family questions the case
Mwagodi told the court he was detained on Sunday at the Lunga Lunga border crossing as he attempted to enter Tanzania, where he said he has lived as a resident since 2012. He was initially held at a port police station before being transferred to Nairobi for arraignment.
His mother, Jaslina Mwagodi, publicly questioned the basis of the charges, saying her son had been subjected to repeated arrests and detentions without clear or consistent justification. Rights groups have echoed those concerns as the case draws wider attention.
The investigation remains ongoing. No trial date has been set.
