The ammunition case against Boniface Mwangi resumed Thursday with the prosecution confirming that it will not use electronic gadgets seized from the human rights activist as evidence in the case.
On Thursday, Mwangi’s lawyers revisited the matter before a Kahawa court, questioning why the Directorate of Criminal Investigations (DCI) had confiscated his client’s mobile devices. They asked the court to clarify whether any forensic reports had been generated and how the gadgets related to the charges.
Earlier, the court had directed the prosecution to either file a forensic report justifying the use of the devices or return them to Mwangi. His lawyer, Lempaa Suyianka, later confirmed that the activist had received the gadgets back in line with an inventory dated July 19, 2025.
During Thursday’s session, the prosecution made it clear that the devices had no connection to the case.
“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,” the prosecution counsel stated.
Police arrested Mwangi earlier this year, accusing him of possessing tear gas canisters and a blank rifle round without lawful authority – claims he has denied. With the gadgets now excluded, the trial will proceed with focus solely on the ammunition-related charges.
The first charge sheet states: “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 second charge accuses the Presidential hopeful of possessing ammunition without a valid firearm certificate, in violation of Section 26(1)(i) as read with Section 26(2)(a) of the Firearms Act, Cap 114, Laws of Kenya.
Magistrate Gideon Kiage has scheduled hearings for December 1 and 3, 2025, when both the prosecution and defence will present their evidence and witnesses.
The ruling comes after an earlier court order granted the DCI 14 days to analyze Mwangi’s devices and produce a forensic report if necessary. The prosecution later sought more time to examine other items seized during his July 19 arrest. Mwangi was released shortly afterwards on a Ksh1 million personal bond.
