Court grants DPP two weeks to conclude probe into activist Mwangi’s devices, warns of unconditional return

Kahawa Law Courts Principal Magistrate Gideon Kiage has granted the Director of Public Prosecutions (DPP) two weeks to conclude investigations into devices seized from activist Boniface Mwangi during his arrest last month.

In his ruling today, 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 ordered.

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

The ruling by Kiage 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 on Monday, yet these critical learning tools remain held without justification,” Lempaa explained to the magistrate as he argued that the magistrate cut the deadline to seven days.

Lempaa 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 stated.

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

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

Kiage fixed September 4 as the mention date.

The activist 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.

Initially, he had been 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.