Court frees Boniface Mwangi as terrorism charges collapse

Activist Boniface Mwangi finally produced before Kahawa Law Courts. [Benard Orwongo, Standard] Rights activist Bonface Mwangi was yesterday released by the Kahawa Law Courts on a Sh1 million personal bond after spending two nights in custody. The state dropped terrorism charges previously implied by the Directorate of Criminal Investigations (DCI), instead, the Directorate of Public Prosecutions (ODPP), preferred two counts against him. Both charges relate to unlawful possession of ammunition and tear-gas canisters; charges to which he pleaded not guilty. Mwangi was arrested on Saturday, at his residence in Lukenya, Machakos County, by detectives who later searched his office at the Mageuzi Hub, Nairobi. According to a post by the DCI on X, the arrest was linked to alleged 'facilitation of terrorist activities' during the June 25 protests. But by the time he was arraigned in court, no terrorism charges were filed. The post was criticised in court, with Mwangi's legal team vowing to summon the DCI Director Mohamed Amin to account for what they described as a malicious and false publication. Despite the DCI's public claims, the charges presented in court were narrow in scope and did not include terrorism. The first count accused Mwangi of being in possession of three tear gas canisters without a valid firearm certificate, while the second count involved the possession of one blank round of 7.62x51mm ammunition, also allegedly without lawful authority. Senior Principal Magistrate Gideon Kiage, while granting Mwangi his freedom, observed that the court had taken into account the nature of the offence and all the circumstances presented. "This court orders that the accused be set at liberty upon securing a personal bond of one million shillings with one surety," said Kiage. The matter is scheduled for mention on August 21, 2025. Kiage also directed the prosecution to review the gadgets and documents seized from Mwangi during the raid on his home and office. Items recovered included a laptop, external hard drives, company seals, cheque books, stamp duty papers, and the tear gas canisters and blank ammunition. "Let the prosecution, in consultation with the investigating officer, conduct an analysis and determine which items do not form part of the evidence. Any such items shall be returned to the accused no later than August 21," stated Kiage. Ndegwa Njiru, who represented Mwangi in court alongside other lawyers, castigated the ODPP, blaming it for what he called trumped-up charges. "What surprises us most is the ineptness, the inefficiency of the office of the Director of Public Prosecutions. That office ought to be called out. They are encouraging the abrogation and violation of the Constitution by sustaining such aggressive pursuits of people who do not agree with President William Ruto," Njiru said outside the courtroom. Njiru also turned his ire toward DCI Director Amin over the terror facilitation claim shared online, saying the legal team had received permission from the court to formally summon Amin. "We must hold him to account. He must pull down that false, malicious and untrue publication about Boniface Mwangi. There is no offence of terrorism that has been preferred against him," he said. Senior counsel Martha Karua, who led Mwangi's legal team, asked the court to consider relocating the case from Kahawa Law Courts to Milimani Law Courts, because the charges were not under the terrorism act, thus should not be handled at the Kahawa law courts. "Now that the charges are not under the terrorism act, we are requesting that the court considers administratively transferring this case to Milimani court, which is more accessible to the parties," Karua said. Hussein Khalid, CEO of Vocal Africa, speaking outside the court, said the ruling was a major victory for constitutional rights and civil freedoms. "Today is a big win for Boniface Mwangi. It is a big win for human rights defenders across this country. The courts have pronounced themselves, activists are not terrorists. They couldn't even come up with the simplest of charges related to terrorism," he said. Khalid said that Kenyans were not fooled by the government's use of courts and prosecutors to suppress dissent. "Kenyans know who the goons are. They know who supports looting and vandalism. They see them every day. The state must stop using the ODPP and courts to silence criticism and democracy," he said. Speaking shortly after his release, Mwangi said his arrest was politically motivated and driven by fear from the top. "The truth is that the president is scared. Scared of the young people because they are organizing by themselves and demanding better. Our president thinks people are being paid to go to the streets, and they think I am the financier," Mwangi said.

Court frees Boniface Mwangi as terrorism charges collapse

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