Human rights activist and presidential hopeful Boniface Mwangi scored a partial victory in court after prosecutors confirmed they will not use his seized electronic devices as evidence in his ongoing ammunition trial.
Appearing before a Kahawa court on Thursday, Mwangi’s lawyers pressed the Directorate of Criminal Investigations (DCI) over the seizure of his mobile gadgets, questioning their relevance to the case. The court had earlier directed that if the devices were to be relied upon, investigators had to file forensic reports to justify their use or return them.
That direction has now been settled. Mwangi’s lawyer, Lempaa Suyianka, confirmed that his client’s devices were handed back in July, following an official inventory list. The prosecution, for its part, made it clear that the gadgets had no bearing on the charges.
“We confirm that we are not going to use any forensic report with respect to the exploitation of mobile phones. We are concentrating on the issues before the court in relation to the charges,” prosecution counsel told the court.
Mwangi, who has long been a thorn in the side of the establishment, was arrested earlier this year and accused of possessing three tear gas canisters and a blank rifle round without lawful authority. He has dismissed the allegations as political harassment.
The case now narrows its focus to the core charges: unlawful possession of noxious substances and ammunition without a firearm certificate, both offences under the Firearms Act.
Hearings are set for December 1 and 3, when both the state and defence will begin calling witnesses.
For Mwangi, the exclusion of his gadgets trims away one layer of complexity but the real battle over the ammunition charges still lies ahead.
