A Milimani court has released activist Mwabili Mwagodi on a personal bond of Sh500,000 pending the conclusion of investigations into allegations of publishing false information online.

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

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

“In balancing the interests of justice,” the court ruled.

Instead, the magistrate ordered Mwagodi’s release on a personal bond of Sh500,000 and directed that his passport be deposited in court.

The court further limited the scope of forensic analysis of Mwagodi’s devices strictly to his X account, as requested by the Directorate of Criminal Investigations (DCI), and directed that the gadgets remain in the custody of the investigating officer.

“I have carefully considered the application and have found that I will allow the application but order that there will be a limit of the data analysis to the X account as prayed for by the DCI, and the gadgets will be in custody of the investigating officer,” the magistrate ruled.

Yesterday Magistrate Teresia Nyangena had ordered Mwagodi to be detained overnight at Muthaiga Police Station pending the ruling on whether he would be released on bail.

“Following the lengthy submissions and its late hour, I order the suspect be held at Muthaiga Police Station until tomorrow when I will render the ruling in this matter,” Teresia directed

According to court documents filed by the DCI, Mwagodi was arrested on the evening of Saturday, February 15, 2026, at the Lunga Lunga border point in Kwale County. He was initially booked at Lunga Lunga Police Station pending collection by officers from the DCI Headquarters Serious Crimes Unit in Nairobi.

He was later transported by road to Mombasa and held at the Kenya Ports Authority (KPA) Police Station before DCI investigators travelled overnight from Nairobi to collect him and transport him to the capital.

In an application filed before the court, the DCI, acting through the Office of the Director of Public Prosecutions (ODPP), sought custodial orders to detain Mwagodi for seven days to enable Chief Inspector Nickson Kinyua, an investigator attached to the DCI Serious Crimes Unit, to complete investigations into allegations of publishing false information online contrary to Section 23 of the Computer Misuse and Cybercrimes Act, Cap 79C, among other offences.

Detective Kinyua told the court that investigations were yet to be concluded, including a detailed forensic analysis of a Samsung A26 smartphone recovered during Mwagodi’s arrest.

“Preliminary investigations have led to the discovery that the respondent is an activist-blogger who is very vocal online, propagating various ideologies and propaganda,” Kinyua stated in his affidavit.

“Evidence gathered so far reveals that the respondent operates on social media under the X account formerly known as Twitter, Elder@mwabilimwagodi, and has posted false, malicious and derogatory content against State leadership.”

The DCI also filed a separate application seeking court orders to compel the DCI Digital Forensic Laboratory to analyse, extract and print evidential material from the device, and to require the activist to disclose all passwords, codes, login credentials and unlock IDs to facilitate a full cyber-forensic extraction of data.

“Investigations are incomplete since the DCI has not had data from the respondent’s phone extracted. Thereafter, the police will have to submit the investigation file to the Office of the Director of Public Prosecutions for a decision to charge, which constitutionally falls within that office’s mandate. This exercise is projected to take seven days, during which the activist’s detention is sought,” Chief Inspector Kinyua stated.

Investigators further argued that Mwagodi posed a significant flight risk, citing what they described as prior movements in and out of the country that were interpreted as attempts to evade arrest.

Detectives said this prompted them to place him under a movement control order with the Department of Immigration Services before he was eventually apprehended at the Lunga Lunga border crossing.

“The respondent is a flight risk, noting his previous movements, which were essentially moves to evade arrest. Considering this fact, it is fair and just and in the best interest of justice for this Honourable Court to grant the orders prayed,” the DCI officer added.

However, Mwagodi’s defence lawyers strongly opposed the DCI’s application, arguing that extending his detention without formal charges would violate his constitutional rights.

“Prolonged detention without charge violates the principles of personal liberty enshrined in the Constitution,” one of his lawyers told the court.

They urged the magistrate to release the activist on bail, stating that he was ready and willing to comply with any conditions imposed by the court.

The court has further ordered Mwabili to be reporting to the investigating officer daily for the next 7 days.

The matter will be mentioned on March 3rd 2026.