The State has told the Kahawa court that High Court lawyer Chacha Mwita is stalling an ongoing terror-related investigation by declining to provide passwords for his electronic devices.
Prosecutors said this has delayed forensic analysis and obstructed efforts to complete the probe within the previously granted 14-day custody period.
State counsel James Machira explained that investigators had faced challenges in implementing digital exploitation orders issued by the court on November 19, 2025.
"The respondent's refusal to provide passwords has delayed the implementation of the court orders issued on November 19. As a result, the investigations remain incomplete," he submitted.
He noted that while some financial records had been obtained, full verification was not possible as the suspect withheld access to key accounts and a mobile phone.
Machira said the prosecution was therefore seeking an additional 15 custodial days to complete forensic investigations and forward the file to the Director of Public Prosecutions (DPP) for a decision on possible charges.
"Reasonable attempt to obtain information from the suspect has been made. Right to self incrimination cannot be a defence. If he would have cooperated, it would have taken a lesser time," the prosecution stated.
But in a rejoinder, Mwita’s lawyers, led by Senior Counsel Martha Karua strongly opposed the extension.
They argued that Mwita had only been questioned for two brief sessions despite being in custody for more than 14 days.
Karua emphasised that he has a constitutional right to remain silent and is under no obligation to provide passwords.
"Chacha is under no obligation to help prosecution or investigators. In any event why arrest before gathering investigations. The arrest was totally premature. 17 or more days later, and they are still asking for detention," she submitted.
The defence also criticised the prosecution for delays, noting that the suspect has been in custody while investigators had ample time and resources but failed to complete the inquiry.
They stressed that prolonging detention without charges violates Mwita’s constitutional rights.
"They only questioned him on November 21 — seven days after his arrest — and again on November 26, for just five minutes. Given this, we urge the court to allow him to give an oral statement under oath, so the matter can be concluded and he can return home to his family," Karua said.
Other lawyers present agreed, asserting that compelling Mwita to disclose passwords would infringe on his rights to remain silent as stipulated under the constitution.
The court heard that investigators had partially recovered some data, but crucial information remained inaccessible due to the locked devices.
The State maintained that additional custody was necessary to complete interviews and forensic analysis to ensure a comprehensive investigation.
The court expected to rule on the matter on Tuesday, December 2, 2025.
