Authorities released activist Mwabili Mwagodi on a Ksh. 500,000 personal bond as police continue to investigate claims that he published false information.
On Wednesday, Mwagodi appeared at the Milimani Law Courts to face charges regarding posts on his X account. Principal Magistrate Teresiah Nuagena presided over the matter, where the prosecution presented two separate applications.
The first request sought permission for the Directorate of Criminal Investigations (DCI) Digital Forensic Laboratory to analyze, extract, and print evidence from Mwagodi’s mobile phone, which remains in police custody. The second application asked the court to detain the activist at Muthaiga Police Station for seven days to allow investigators to finish their probe.
While the court approved the forensic analysis of the device, the magistrate placed strict limits on what data the investigating officer could examine.
“Having considered the application, I allow the application, but there will be a limit of data analyzed by the investigating officer,” the magistrate ruled.
However, the court rejected the request to keep Mwagodi in custody. The magistrate found that the prosecution failed to provide enough evidence to justify depriving the activist of his liberty while investigations continue.
In rejecting the application for continued detention, the court noted that authorities had already held Mwagodi since February 15, 2026, without completing their investigation. The magistrate pointed out that the police already possess the primary piece of evidence, Mwagodi’s mobile phone, making further incarceration unnecessary.
Magistrate Nuagena ruled that balancing the interests of justice did not warrant keeping the activist behind bars.
“The accused be released on a personal bond of KSh500,000, and his passport be placed before the court,” the magistrate ordered.
Advocate Ian Mutiso, representing Mwagodi on behalf of the Law Society of Kenya (LSK), urged the court to protect his client’s freedom while the probe continues. Mutiso requested that any requirement for Mwagodi to report to the police remain brief, serving only to confirm his presence in the country. While the prosecution fought this limitation to ensure “adequate access” for investigators, the court insisted that authorities must conduct their inquiry quickly and strictly within the law.
Police caught Mwagodi on Sunday at the Lunga Lunga border and initially held him at the Port Police Station in Mombasa. He subsequently spent the night at the Muthaiga Police Station in Nairobi before his court appearance.
DCI officers moved him from Port Police in Mombasa to Muthaiga Police Station before bringing him to court for his arraignment.
“I’ve been a resident of Tanzania since 2012. I was going to wind up some of the properties I have there and do some clearance with my former employer, and on the way there through Lunga Lunga, the border department said there was an arrest against my name and they could not allow me to proceed. They handed me over to DCI Lunga Lunga,” stated Mwagodi.
Investigators claim that Mwagodi used his X account between January 2 and 8 of last year to post false, malicious, and derogatory content aimed at government leaders.
Mwagodi’s mother, Jaslina Mwagodi, questioned the legitimacy of the charges. She noted that her son has faced a string of hardships since his initial detention in Tanzania last year.
“I see nothing that Mwabili has done that threatens this government. I am watching social media every day, and so many people are making very serious statements. Why Mwabili? What is it that he has done that is of such great interest? What power does he have, what money does he have, even to shake this country?” stated Jaslina Mwagodi.
Officers pointed to a “Red Notice” as the basis for the arrest, which DCI investigator Michael Sang reportedly issued at Mazingira House in early 2025. Investigators currently hold Mwagodi’s mobile phone to perform a forensic analysis.
Houghton Irungu, Chief Executive Officer of Amnesty International Kenya, confirmed that the organization will keep a close eye on the proceedings.
“Continue to focus on the history of the use of the Red Notice, and we will continue to follow this case in court to establish whether the Red Notice has been based on a valid judicial warrant and explicit charges. The use of an unclear, undisclosed alert that is not even communicated to Mwabili risks abuse of process,” stated Houghton Irungu.
The court scheduled a mention of the case for March 3, 2026.
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