Lawyer Chacha Mwita detained for 14 days over terrorism financing probe
The Kahawa Law Courts ruled that the allegations, while not proof of guilt, raise serious questions over public safety and national security that require detailed examination.
Lawyer Chacha Mwita, who is accused of financing terrorism, will remain in custody for 14 days as the Anti-Terrorism Police Unit continues its investigations.
On Wednesday, the Kahawa Law Courts ruled that the allegations, while not proof of guilt, raise serious questions over public safety and national security that require detailed examination.
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Principal Magistrate Gideon Kiage said the State had presented legitimate issues that could only be addressed through a thorough investigation.
“In the end, therefore, I find and hold that the instant application has merit and it is hereby allowed accordingly. The respondent shall remain in custody for 14 days, which period will run from November 17, 2025,” Kiage said.
He added that the affidavit submitted by Inspector Kevin Kasango touched on concerns regarding public safety and security, which could not be dismissed lightly.
“Having considered the affidavit of IP Kevin Kasango and being minded that the allegations contained therein, as much as they do not constitute proof of the alleged facts, they touch on public safety and security, and they ought not to be dismissed lightly,” Kiage said.
He further noted that the application raised pertinent questions that the State is entitled to investigate fully.
Kasango has been authorised to extract data from two mobile phones and two laptops seized from Mwita when he was arrested on Friday, November 14, in Nyali, Mombasa County. The magistrate clarified that the detention period would run from November 17, when Mwita was presented in court after spending the weekend in custody.
The court also highlighted the difficulty in distinguishing whether the bitcoin in question constituted legal fees or property controlled by a terrorist group. Section 8 of the Prevention of Terrorism Act criminalises dealing with resources or property owned or controlled by a terrorist organisation.
Inspector Kasango’s affidavit alleges that Mwita received funds through his mobile phone and is linked to a network recruiting Kenyan and Tanzanian nationals for terrorist activities. The State claims the finances could have been used to recruit fighters from Somalia, Kenya, Uganda, Tanzania, DR Congo and Mozambique to join ISIS in Yemen.
The prosecution, represented by James Machirah, Harrison Kiarie, Ken Amwayi, and Joyce Wambui, argued that the investigation is serious and requires more time.
Mwita’s defence team, led by Mbugua Mureithi, Professor Hassan Nandwa, Lempaa Suiyanka, and John Maina, countered that as a lawyer, he represents various clients and receiving legal fees does not imply criminal conduct.
Advocates Lempaa Soyinka and Ayota Magati argued that providing legal representation to terror suspects is not a criminal act, describing the case as an attempt to discourage lawyers from defending accused individuals.
Mwita, a veteran lawyer well-known for defending terror suspects over the past decade, now faces charges similar to those he has spent years contesting.
Authorities have indicated that further arrests linked to terrorism and a cryptocurrency financing syndicate are ongoing.
The case will be mentioned on December 1, 2025.
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