Court gives state 14 days to conclude probe on Boniface Mwangi's case

The Director of Public Prosecutions (DPP) has been granted two weeks to conclude investigations into devices seized from activist Boniface Mwangi during his arrest on July 19.

In a ruling on Thursday, Kahawa Law Courts Senior Principal Magistrate Gideon Kiage warned that failure to report progress would result in the immediate return of the gadgets.

“If no feedback is provided within 14 days, the devices must be returned unconditionally,” he said.

The devices, including tablets used by Mwangi’s children, were confiscated following his arrest last month.

Mwangi was arrested for alleged unlawful possession of ammunition, two unused teargas canisters and one blank bullet. He denied the charges and was released on a Sh1 million personal bond.

The ruling came after heated exchanges between the defense and prosecution in a case that has drawn attention to tensions between law enforcement and digital privacy rights.

Defence lawyer Suiyanka Lempaa faulted the prosecution’s request for more time, terming it excessive and unnecessary. He said the continued detention of the devices, including tablets used by Mwangi’s children, had disrupted their education.

“Schools reopen Monday, yet these critical learning tools remain held without justification,” Lempaa told the court, while urging the magistrate to cut the deadline to seven days.

He further noted that three witnesses were ready to testify and that their statements could be recorded within two hours, pressing for the court to fix a hearing date.

Fellow defence counsel John Maina stressed the economic impact of the seizure, arguing it had “severely impaired Mwangi’s ability to work since his clients’ contacts were in his devices.”

He said the defence was fully prepared for trial, with the only pending matter being a digital forensic report awaited from the prosecution.

In response, the prosecution assured the court that it would speed up the process but maintained it required adequate time to conduct thorough investigations.

Magistrate Kiage fixed September 4 as the mention date.

Mwangi was initially accused of facilitating terrorist activities during the June 25 anti-government protests, a move that triggered public outrage and criticism from civil society groups and members of the public.

Authorities later withdrew terrorism-related allegations against Mwangi, opting instead to charge him with lesser offences under the Firearms Act.

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The revised charge sheet accused him of being in possession of noxious substances, specifically three teargas canisters, without lawful authority and the possession of ammunition without a valid firearm certificate, namely one round of 7.62 x 51mm blank ammunition.

Both offences are said to have occurred on July 19, 2025, during a search at Mageuzi Hub, Mwangi’s office on Rose Avenue in Nairobi’s Hurlingham area.

A statement issued by the Directorate of Criminal Investigations (DCI) after the search had alleged that Mwangi was involved in “facilitation of terrorist activities” during the protests.

Investigators reported recovering items from his office, including two unused teargas canisters, one 7.62mm blank round, nine external hard drives, two laptops, several documents, company seals, stamp duty papers, cheque books, and other office paraphernalia.

At the time, DCI linked the discoveries to what it described as a broader investigation into planned acts of terror.