Court summons IG Kanja to explain disappearance of Tanzanian activist Twaha Mwaipaya

NAIROBI, Kenya, Nov 2 – The High Court has summoned Inspector General of Police Douglas Kanja to appear in person on Tuesday, November 3, to explain the disappearance of Tanzanian activist Twaha Mwaipaya, possible irregular repatriation, and the progress of investigations into the matter.

The court is also expected to require Directorate of Criminal Investigations (DCI) boss Mohamed Amin to appear and explain what security agencies have done to establish the whereabouts of the missing activist.

The summons follows an application by petitioners, led by Vocal Africa and represented by lawyer Martha Karua, who want the two police chiefs to personally account for Mwaipaya’s disappearance and demonstrate compliance with earlier court orders.

Appearing before the court, Karua argued that the police had been aware of Mwaipaya’s disappearance since Sunday, when the matter was first reported, and should not rely on the formal service of court orders on Friday to explain delays in investigations.

“It is the business of the police and security agencies to secure the well-being of all Kenyans. Having been notified on Sunday, they would have done their best. The matter was reported widely in press reports. They can’t say they began investigating on Friday,” Karua submitted.

She told the court that the disappearance was part of a worrying pattern of abductions and enforced disappearances involving individuals in the region, arguing that security agencies should have acted swiftly given previous cases.

Karua noted that from December 2024 through 2025, petitioners had been involved in court proceedings over similar incidents, with some missing individuals eventually being found alive while others were discovered dead.

“Therefore, the security agencies ought to be on high alert and act in real time to set in motion investigations. They have no luxury of coming to court and saying they were served on Friday,” she said.

The lawyer dismissed the appearance of two junior police officers in court, insisting that their presence was inadequate to address the concerns raised by Kenyans, Tanzanians and Ugandans following Mwaipaya’s disappearance.

She maintained that only Kanja and Amin could provide satisfactory answers on the steps taken by security agencies to trace the activist and establish whether he had been unlawfully removed from Kenya.

“We submit that the two officers’ appearance is not enough. Kenyans are asking serious questions which can be answered by DCI and IG. We want the two bosses to appear personally before the court,” Karua said.

Karua further accused the police of failing to comply with an earlier court directive requiring the production of Mwaipaya, arguing that neither the activist nor his body had been presented before the court.

“They are already in contempt of order number two. We don’t have Mwaipaya here or his body. Let them come before you and answer to Kenyans and Tanzanians and Ugandans,” she submitted.

She also raised concerns over the possibility of Mwaipaya being returned to Tanzania, the country he allegedly fled from, arguing that such an action would expose him to further danger.

The Attorney General, however, opposed the application, maintaining that the State had complied with the third court order and that investigations into the activist’s disappearance were ongoing.

State Counsel Marwa urged the court to give investigators more time to complete their work and file their findings before determining whether the appearance of the two police chiefs was necessary.

“I have read your order and to order number three I submit that there’s compliance. They are pushing for the two bosses to appear before the court. We have told the court that the matter is actively being investigated. Give us an opportunity to file the findings of the investigations. If the court will not be satisfied then an application will be merited then,” Marwa told the court.

Marwa further accused the petitioners of shifting focus from the primary order requiring the State to produce Mwaipaya, arguing that the issue of his whereabouts should take precedence over the demand for the police chiefs to appear.

“They have abandoned the primary order for compliance which is order number two, the production of the missing person,” he said.

Justice Muteti is expected to give directions on the application seeking the personal appearance of Kanja and Amin as the court presses security agencies to account for Mwaipaya’s whereabouts and the status of investigations.