NAIROBI, Kenya—Feb 18, 2026—Activist Hanningtone Mwabili Mwagodi was on Tuesday arraigned at the Milimani Law Courts in Nairobi, where he faces charges of publishing false information on his X account.
The prosecution is seeking seven days to detain him in police custody to conclude investigations, including the extraction and forensic analysis of data from his mobile phone. The court is expected to rule on the request on Wednesday.
Mwagodi was arrested on Sunday at the Lunga Lunga border as he attempted to travel to Tanzania.
He was initially taken to Port Police Station in Mombasa before being transferred to Nairobi on Monday night.
He was later presented in court after being ferried by officers from the Directorate of Criminal Investigations (DCI) to Muthaiga Police Station ahead of his arraignment. He will spend the night at Muthaiga Police Station pending the court’s ruling.
Investigators allege that between January 2 and 8 last year, Mwagodi published false, malicious, misleading and derogatory content targeting government leadership through his X account.
Addressing the court, Mwagodi explained the circumstances of his arrest.
“I’ve been a resident of Tanzania since 2012. I was going to wind up some of the properties I have there and do some clearance with my former employer, and on the way there through Lunga Lunga, the border department said there was an arrest against my name and they could not allow me to proceed. They handed me over to DCI Lunga Lunga,” he said.
The prosecution argued that the activist poses a flight risk.
“The suspect, Your Honour, has been on the run for the longest time and therefore when we say he is a flight risk, we actually mean he is a flight risk,” prosecutor Kelvin Kimani told the court.
However, the defence opposed the application for extended detention, arguing that continued custody would violate due process and infringe on his constitutional rights.
“Instead of punishing someone who has been in custody since Sunday, he can be let go home today and come back before this court on Friday,” defence lawyer Mwaura Kabata submitted.
Mwagodi’s mother, Jaslina Mwagodi, questioned the basis of the charges, saying her son had endured repeated ordeals since his detention in Tanzania last year.
“I see nothing that Mwabili has done that threatens this government. I am watching social media every day and so many people are saying very serious statements. Why Mwabili?” she said.
Officers cited what they described as a “Red Notice” allegedly issued in early 2025 by a DCI investigator at Mazingira House as part of the basis for his arrest. His mobile phone remains in the custody of investigators for forensic examination.
Amnesty International Kenya, Chief Executive Officer, Houghton Irungu said the organisation would closely monitor the case.
“We will continue to follow this case in court to establish whether the Red Notice has been based on a valid judicial warrant and explicit charges. The use of an unclear, undisclosed alert that is not even communicated to Mwabili risks abuse of process,” Irungu said.
The magistrate will on Wednesday determine whether to grant the prosecution’s request for seven additional days to conclude investigations.
