Activist Mwabili Mwagodi arraigned over alleged false social media posts

The prosecution is seeking seven days to detain him in police custody to conclude investigations. The court is expected to rule on the request on Wednesday.

Mwagodi, who was arrested on Sunday at the Lunga Lunga border and later taken to Port Police Station in Mombasa, will spend the night at Muthaiga Police Station in Nairobi.

He was presented in court after being ferried by DCI officers from Port Police in Mombasa to Muthaiga Police Station ahead of 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 allege that between January 2 and 8 last year, Mwagodi published false, malicious, misleading and derogatory content targeting government leadership through his X account.

Prosecutors told the court they require seven additional days to extract and analyse evidence from his mobile phone.

The defence team opposed the application, arguing that continued detention violates due process and infringes on his constitutional rights.

“The suspect, Your Honour, has been on the run for the longest time and therefore when we say he is a flight risk, we actually mean he is a flight risk,” stated Kelvin Kimani, prosecutor.

“Instead of punishing someone who has been in custody since Sunday, he can be let go home today and come back before this court on Friday,” stated Mwaura Kabata, defence lawyer.

Mwagodi’s mother, Jaslina Mwagodi, questioned the basis of the charges and said her son has endured repeated ordeals since his 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 saying 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 cited a “Red Notice” allegedly issued in early 2025 by DCI investigator Michael Sang at Mazingira House as part of the basis for his arrest. His mobile phone remains in the custody of investigators for forensic analysis.

The magistrate will on Wednesday determine whether to grant the prosecution’s request for seven days to conclude investigations. In the meantime, Mwagodi will spend the night at Muthaiga Police Station.

Houghton Irungu, Chief Executive Officer of Amnesty International Kenya, said the organisation will closely monitor the case.

“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.