Mwangi case: Wajackoya says holding empty teargas canister is not crime
Roots party leader George Wajackoya has weighed in on the vocal human rights activist Boniface Mwangi’s case, asserting that possessing used or empty tear gas canisters should not be considered a criminal offence.
Speaking to K24 TV on Monday night, July 21, 2025, the former presidential candidate said that Mwangi being detained was nothing unusual and that even possessing empty teargas canisters was not a crime.
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He added that having an empty tear‑gas canister, especially one thrown at civilians by the police, should not be deemed illegal. Wajackoyah questioned how many people make lampshades from empty teargas canisters, implying that mere possession of such spent canisters carries no criminal intent.
Boniface Mwangi, ameshikwa that is not news, hata hayo maganda ya risasi ambayo ameshikwa nayo, that is not a crime kupatikana na mtungi wa gas ambayo polisi wenyewe wamewatupia raia, kama kuna empty cans za teargas watu wangapi wanazengeza mataa za mkebe kutumia hizo cans?” Wajackoyah said.
Mwangi’s case
This comes after the vocal activist was freed on a personal bond of Ksh1 million bond or an authority of a similar amount on Monday, July 21, 2025, by a Nairobi court.
Kahawa Principal Magistrate Gideon Kiage Oenga, in his ruling, has stated that there are no compelling reasons presented by the prosecution that can warrant orders of detaining him in custody.
The court also noted that the activist is a well-known person, and his place of abode is also well known to the authorities, thus overruling the concern that he might not appear in court if released on bond terms.
“There are no compelling reasons to continue holding the accused person in custody pending trial, I hereby order that the accused be set at liberty upon securing a personal bond of Ksh1 million or an authority of similar amount,” Magistrate Kiage ruled.
The defense lawyers led by Senior Counsel Martha Karua and lawyer Ndegwa Njiru, urged the court to order the Directorate of Criminal Investigations (DCI) officer to return the items that were confiscated from his Lukenya residence in Machakos County.
Lawyer Njiru said that the DCI in what he termed as an illegal search, took with them mobile phones, notebooks, and Mac book Pro laptop that belonged to Mwangi’s children, and they needed them for their studies.
Further, he stated that the items do not fall in the category of what the Office of Directorate of Public Prosecution (DPP) will be relying on in their trial.
“This are not ammunitions, we urge that Mr. K. Robert be ordered by this court to immediately return those properties to the rightful and lawful owner,” lawyer Njiru told the court.
