The prosecution has confirmed that electronic gadgets seized from human rights activist Boniface Mwangi will not be relied upon as evidence in his ongoing ammunition case.
Mwangi, on Thursday in a Kahawa court, through his lawyers, revisited a concern raised in earlier sessions regarding the seizure of his client’s mobile devices by the Directorate of Criminal Investigations (DCI).
The defence questioned the relevance of these gadgets to the ammunition charges facing Mwangi and asked the court to clarify if any forensic reports had been generated from the devices.
The court had previously directed that if the devices were to be used as evidence, the prosecution should produce a forensic report justifying their use or, otherwise, return the gadgets to Mwangi.
Mwangi's lawyer, Lempaa Suyianka, confirmed that his client had received the devices back, as per an inventory list dated July 19, 2025.
During the session, the prosecution clarified that the seized gadgets were not linked to the offences before the court.
“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 on the reports in relation to the charges,” stated the prosecution counsel.
The Presidential hopeful was arrested earlier this year after police alleged he had possession of tear gas canisters and a blank rifle round without lawful authority.
He has consistently denied the allegations.
With the gadgets no longer in play, the case is set to proceed with focus solely on the ammunition-related charges.
“On July 19, 2025, at Mageuzi Hub in Nairobi County, within the Republic of Kenya, you were found in possession of noxious substances, together with three teargas canisters, without lawful authority,” the first charge reads.
The second count is possession of ammunition without a valid firearm certificate, contrary to Section 26(1)(i) as read with Section 26(2)(a) of the Firearms Act, Cap 114, Laws of Kenya.
Magistrate Gideon Kiage scheduled hearings for December 1 and 3, 2025, during which both the prosecution and defence are expected to present their evidence and witnesses.
The ruling comes after a prior court order granted the DCI 14 days to examine Mwangi’s devices and produce a forensic report if necessary.
The prosecution requested more time to examine items seized from Mwangi during his arrest on July 19, 2025.
He was released shortly afterwards on a Sh1 million personal bond.
