The High Court in Kenya has issued an order for the production of Twaha Mwaipaya, a Tanzanian activist who went missing on October 25, 2026. Justice Alexander Muteti directed Inspector General of Police Douglas Kanja, DCI Director Amin Mohamed, and the Ruai Police Station boss to produce Mwaipaya before the court on November 2, 2023, at 11am. The order was issued following an urgent habeas corpus application filed by Vocal Africa, seeking the court's intervention to establish Mwaipaya's whereabouts.
According to Vocal Africa, Mwaipaya was abducted by armed men believed to be police officers at Kamulu, near Kanisani stage. The activist was allegedly bundled into a vehicle and driven to an unknown destination. A friend who was accompanying Mwaipaya managed to escape and recorded a statement detailing the incident. The organisation expressed fears that Mwaipaya could be forcibly transferred to Tanzania, where he allegedly faces the risk of torture and other human rights violations.
Mwaipaya is a Tanzanian human rights defender and youth organiser associated with the opposition party CHADEMA. His disappearance has raised concerns among human rights organisations and his family. A missing-person report was lodged at Ruai Police Station under OB number 47/25/10/2026. Despite efforts to trace him, Mwaipaya's whereabouts and state of life remain unknown.
The court also summoned Kanja and Amin to appear personally or through their duly appointed lawyers to explain the circumstances surrounding Mwaipaya's arrest and detention. They are required to show cause why the activist should not be released immediately. The orders were issued at Milimani High Court in Nairobi.
In addition to seeking Mwaipaya's production in court, Vocal Africa had asked the court to issue orders to restrain security agencies from further arresting or detaining him over any criminal offence without the court's permission. The organisation also sought orders compelling police and IPOA to preserve CCTV footage, vehicle-tracking records, mobile network data, and border records that could help establish the circumstances surrounding his disappearance.
The matter will be mentioned on November 2 for further directions and orders. All respondents and interested parties were directed to be served with the application and orders and file their responses by 9am on Monday. The court's intervention is aimed at establishing Mwaipaya's whereabouts and ensuring his safety.
The case has raised concerns about the safety of human rights defenders and activists in the region. The court's order is a significant development in efforts to locate Mwaipaya and hold security agencies accountable for his disappearance. The outcome of the case will be closely watched by human rights organisations and the international community.
Key points
- The High Court has ordered the production of Twaha Mwaipaya, a Tanzanian activist who went missing on October 25, 2026.
- Inspector General of Police Douglas Kanja, DCI Director Amin Mohamed, and the Ruai Police Station boss have been summoned to produce Mwaipaya before the court on November 2, 2023.
- Mwaipaya's disappearance has raised concerns among human rights organisations and his family, with fears that he could be forcibly transferred to Tanzania and face torture and other human rights violations.
