Lawyer Chacha Mwita will remain in police custody for 14 days as authorities continue to investigate allegations linking him to terrorism financing. The Kahawa Law Courts said the claims, though not proof of wrongdoing, raise serious concerns over national security and public safety, warranting a detailed probe.
Principal Magistrate Gideon Kiage noted that the State had presented valid issues that cannot be ignored and require careful examination.
“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,” Kiage ruled on Wednesday.
The magistrate highlighted that Inspector Kevin Kasango’s affidavit outlined issues that touch on both public safety and security.
“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,” Kiage said.
He added that the case presents important questions that the State is entitled to investigate thoroughly.
Under the court’s directive, Kasango is allowed to extract data from two mobile phones and two laptops seized from Mwita when he was arrested on November 14 in Nyali, Mombasa County. The 14-day detention period officially begins from November 17, the day Mwita was formally presented in court after spending the weekend in custody.
The court also pointed to the challenge of determining whether the bitcoin involved was legal fees or funds controlled by a terrorist organisation. Section 8 of the Prevention of Terrorism Act criminalises handling property or resources under the control of a terrorist group.
According to the affidavit, Mwita allegedly received funds via his mobile phone and is linked to a network recruiting Kenyans and Tanzanians for terrorist activities. Prosecutors claim the money could have been used to recruit fighters from Somalia, Kenya, Uganda, Tanzania, DR Congo, and Mozambique to join ISIS in Yemen.
The prosecution team, including James Machirah, Harrison Kiarie, Ken Amwayi, and Joyce Wambui, argued that the investigation is complex and requires additional time.
Mwita’s defence, led by Mbugua Mureithi, Professor Hassan Nandwa, Lempaa Suiyanka, and John Maina, insisted that receiving payments as part of legal representation is lawful. Advocates Lempaa Soyinka and Ayota Magati added that providing legal services to terror suspects is not illegal and described the proceedings as an attempt to discourage lawyers from taking on such clients.
Chacha Mwita, who has spent over ten years defending terror suspects, now faces allegations similar to those he has previously challenged in court. Authorities have indicated that the investigation is ongoing and additional arrests related to terrorism financing and a cryptocurrency network are expected.
