A Milimani court on Wednesday released Mwabili Mwagodi on a Sh500,000 bond as police continue investigations.

Principal Magistrate Irene Thamana declined to grant the prosecution’s request to detain Mwagodi for seven more days, ruling instead that he be released pending completion of investigations.

Thamana directed Mwagodi to avail himself daily for seven days at the Directorate of Criminal Investigations (DCI) offices at Muthaiga Police Station, where investigators are handling the case.

When the matter came up for mention, the court noted that the prosecution had moved it with two applications.

The first sought orders authorising the Directorate of Criminal Investigations (DCI) Digital Forensic Laboratory to analyse, extract and print evidential material from Mwagodi’s smartphone, which is already in police custody.

The second application asked the court to hold the suspect in custodial detention for seven days at Muthaiga Police Station to finalise investigations.

The court allowed the first application but placed limits on the scope of analysis.

"Having considered the application, I allow the application, but there will be a limit of data analysed by the investigating officer," the court ruled.

However, the court declined the second application seeking custodial detention.

Investigators allege that between January 2 and 8 last year, the activist published false, malicious, misleading and derogatory content targeting government leadership through his X account.

Prosecutors had sought additional time to extract and analyse evidence from his mobile phone, which remains in police custody for forensic examination.

In opposing the prosecution’s application, the defence argued that continued detention would violate Mwagodi’s constitutional rights and due process.

The prosecution, however, maintained that he was a flight risk, citing his movements outside the country.

Police also cited a “Red Notice” allegedly issued in early 2025 by a DCI investigator as part of the grounds for his arrest, a matter that has attracted concern from rights groups.

Mwagodi told the court he was arrested on Sunday at the Lunga Lunga border as he attempted to cross into Tanzania, where he said he has been a resident since 2012.

He was first taken to Port Police Station before being transferred to Nairobi for arraignment.

His mother, Jaslina Mwagodi, questioned the basis of the case, saying her son had been subjected to repeated arrests and detentions without clear justification.

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

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

“In balancing the interests of justice,” the court ruled that continued custodial detention was not warranted.

"The accused be released on a personal bond of Sh500,000 and his passport be placed before court," Principal Magistrate Teresiah Nyangena ruled.

Mwagodi was represented by advocate Ian Mutiso of the Law Society of Kenya (LSK), who urged the court to protect his client’s liberty while cooperating with investigators.

Mutiso also asked that, should the suspect be required to report to police, he should not be held for more than 10 minutes, arguing that the reporting requirement should merely confirm his presence within the jurisdiction.

The prosecution opposed the 10-minute limitation, maintaining that Mwagodi would be expected to appear for investigations as required by officers handling the matter.

The court, however, emphasised that investigations should proceed expeditiously and within the confines of the law. The matter is scheduled to return to court for further directions on March 3, 2025.