Lawyer Mwita detained for 14 days in terror financing probe
Courts
By
Fred Kagonye
| Nov 19, 2025
The Kahawa Law Courts have allowed the Anti-Terrorism Police Unit (ATPU) to hold lawyer Chacha Mwita for 14 days as they investigate him over his alleged financing of terrorism.
Magistrate Gideon Kiage, in his ruling, said that the State had raised issues that were not unfounded and could only be answered through thorough investigations.
“In the end, therefore, I find and hold that the instant application has merit and it is hereby allowed accordingly. The respondent shall remain in custody for 14 days, which period will run from November 17, 2025,” said Kiage.
He added that the application by the State had shown some legitimate questions touching on public safety and national security.
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“Having considered the affidavit of IP Kevin Kasango and being minded that the allegations contained therein, as much as they do not constitute proof of the alleged facts, they touch on public safety and security, and they ought not to be dismissed lightly,” he said.
He added: “I am persuaded that the application presents pertinent questions which the Applicant is legitimately entitled to explore further and undertake the necessary investigations in pursuit of answers.”
Kasango now has the authority to extract data from the two phones and two laptops that were seized from Mwita when he was arrested on Friday, November 14 in Nyali, Mombasa County.
Kiage said that the detention period would run from November 17, when Mwita was presented in court after spending the weekend in custody.
The case will be mentioned on December 1, 2025.
He noted that, as a lawyer, Mwita could represent anyone since everyone is entitled to legal representation in court.
In his ruling, he said that it was hard to distinguish whether the said bitcoin was legal fees or property owned or controlled by a terrorist group.
He said Section 8 of the Prevention of Terrorism Act criminalizes dealing with resources or property owned or controlled by a terrorist group.
In his affidavit, Inspector Kasango said that Mwita received money through his mobile phones.
“The respondent is believed to have serious links to a network of terrorist recruiters targeting Kenyan and Tanzanian nationals for radicalisation and recruitment into terrorism activities,” he said.
The State alleged the said finances could have been used to recruit fighters from Somalia, Kenya, Uganda, Tanzania, DR Congo, and Mozambique to join ISIS in Yemen.
The State was represented by James Machirah, Harrison Kiarie, Ken Amwayi and Joyce Wambui.
The prosecutors, during the application for detention, said that it was necessary to hold Mwita as the investigation was serious and needed more time.
Mwita was represented by Mbugua Mureithi, Professor Hassan Nandwa, Lempaa Suiyanka and John Maina.
During the application, Mwita’s defence team argued that he was a lawyer with different types of clients and could therefore receive legal fees from the same people regardless of their standing in society.