The Directorate of Criminal Investigations has backed down from pursuing terrorism-related charges against prominent activist Boniface Mwangi, instead opting to prosecute him on firearms violations following his weekend arrest.
In a dramatic turn of events, Mwangi was released on a Sh1 million bond after appearing before Kahawa Magistrates Court on Monday.
In a significant shift that highlights the often contentious relationship between Kenya’s security apparatus and civil society activists, the DCI has amended the charges against Mwangi to focus on alleged possession of ammunition without proper licensing.
The move comes just two days after the activist’s arrest on Saturday at his Lukenya home in Machakos County, which had initially sparked fears of another crackdown on dissenting voices in the country.
Principal Magistrate Gideon Kiage granted Mwangi’s release, stating that “the accused person may be set at liberty upon securing a personal bond of Sh1 million with one surety of similar amount.”
The activist pleaded not guilty to all charges brought against him, maintaining his innocence throughout the proceedings.
According to the charge sheet obtained by local media, Mwangi now faces two specific allegations under the Firearms Act.
The first charge accuses him of possessing “noxious substances,” specifically three teargas canisters, without lawful authority on July 19th at the Mageuzi Hub in Nairobi.
The second alleges he was found with one round of 7.62x51mm blank ammunition, also without proper certification.
The investigation began when DCI officers raided Mwangi’s home and office, claiming the arrest was connected to his suspected involvement in coordinating and facilitating acts deemed to constitute terrorism under the Prevention of Terrorism Act.
Detectives alleged that Mwangi played a key logistical and financial role in the June 25 protests, during which scores were killed, public property was destroyed, and security officers were injured.
During their operations, authorities claimed to have recovered an extensive collection of items from both his residence and his office at Mageuzi Hub in Hurlingham.
The haul allegedly included several electronic devices, nine assorted external hard drives, two laptops, company seals for Brave Media Ltd and Courage Ltd, a company stamp, six cheque books, and copies of stamp duty documents, in addition to the teargas canisters and ammunition that form the basis of the current charges.
However, Mwangi’s legal team has strongly disputed these claims.
His lawyer, Njanja Maina, dismissed the allegations as false on Sunday, characterizing the purported recovery of teargas canisters and ammunition as a fabricated scheme designed to justify terrorism charges against his client.
The defense team’s skepticism appears to have been vindicated by the prosecution’s subsequent decision to abandon the terror-related allegations.
The decision to drop the terror charges represents a notable retreat by investigators, who had initially indicated they would pursue the more serious allegations that could have carried significantly harsher penalties.
Terrorism-related charges in Kenya often result in lengthy court battles and, if proven, can lead to substantial prison sentences that effectively silence activists for years.
Mwangi’s legal representatives are now seeking to have the case transferred to Milimani Law Courts, arguing that since the terrorism charges have been dropped, the matter should be heard at a venue more appropriate for the reduced charges.
This tactical move suggests the defense team believes they can secure better outcomes in a different judicial setting.
The case has already drawn sharp criticism from human rights organizations, who view the initial terror charges as part of a broader pattern of intimidation against civil society leaders.
The fact that authorities have now scaled back to firearms violations suggests the evidence for terrorism-related offenses may have been insufficient to sustain such serious allegations.
For Mwangi, who has built a reputation as one of Kenya’s most vocal government critics and has faced numerous arrests and court cases over his activism, this latest legal challenge represents another chapter in his ongoing confrontation with state authorities.
His supporters argue that the charges, even in their reduced form, are designed to hamper his activism and serve as a warning to other critics of the government.
This development unfolds against a backdrop of increasing tensions between the government and civil society groups, particularly following the deadly June protests that rocked the country.
Activists frequently find themselves facing various charges that critics argue are politically motivated, with the state often invoking security concerns to justify heavy-handed responses to dissent.
The DCI’s decision to retreat from terror charges may signal either prosecutorial pragmatism or recognition that such serious allegations require substantially stronger evidence than what investigators currently possessed.
However, the substantial bond amount and the continued pursuit of firearms charges suggest authorities remain determined to maintain legal pressure on the activist.
As Mwangi walks free pending trial, the case serves as a litmus test for Kenya’s commitment to protecting civic space and the rights of activists to engage in legitimate political discourse.
The outcome will be closely watched by both local and international human rights observers as an indicator of the country’s democratic trajectory.
