Court dismisses DCI case against activist Mwagodi Mwabili
By Zipporah Ngwatu, April 30, 2026A Milimani Court has dismissed a case against activist Mwagodi Mwabili, a case of publication of false information contrary to Section 23 of the Computer Misuse and Cybercrimes Act.
The Directorate of Criminal Investigations (DCI) serious crime unit was investigating Mwabili over his posts on his X account about state leadership.
In a ruling delivered by Milimani Principal Magistrates Theresa Nyangena on Thursday, April 30, 2026, she stated that the matter against the activist was unconstitutional.
Magistrates Nyangena ruled that sections 22 and 23 of the Computer Misuse and Cybercrimes Act declare that the Act is unconstitutional, thus dismissing Mwabili’s case.
“We confirmed that in paragraph 123 of the constitution, the court declares sections 22 and 23 unconstitutional, and on those bases, I dismiss this application for being unconstitutional,” Magistrate Nyangena ruled.
Notably, the court ordered the release of his phone, which has been under the DCI for investigations, and also his passport, which he deposited in court during investigations, back to him.
Mwagodi has been out on a personal bond of Ksh500,000 pending investigations into allegations against him.
In a miscellaneous application the DCI had stated that the preliminary investigations had revealed that he had been vocally propagating various propaganda through his social media X account.
In addition, they averred that the activist had been posting malicious, misleading and demeaning information about the state through the X handle TL Elder @mwabilimwagodi, the link https://x.com/mwabilimwaqodl, which belongs to him.
“Through intelligence reports, the respondent (Mwabili) has been observed on diverse dates between January 2 and 8, 2025, publishing malicious, misleading, and demeaning information and derogatory content against state leadership,” the DCI stated in the application.
Further, the DCI stated that their effort to arrest the activist has been futile since he has been in and out of the country, a move that they interpret as his way to evade arrest.