The High Court of Kenya has issued an order requiring Inspector-General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin to produce a missing Tanzanian national, Twaha Mwaipaya, in court by November 2. Mwaipaya was allegedly abducted on October 25 at Kamulu, and his whereabouts remain unknown. The court has directed Kanja and Amin to appear in court on the same day to explain why Mwaipaya should not be released from custody immediately.
According to Vocal Africa, a non-governmental organization that has moved to the High Court seeking Mwaipaya's immediate production, the Tanzanian national was abducted in broad daylight at Kanisani stage in the Kamulu area. The organization claims that despite reporting his disappearance at Ruai Police Station, no information about his whereabouts has been forthcoming. Mwaipaya's family members and advocates have not been informed of the reasons for his arrest, the agency responsible for his detention, or the place where he is being held.
The court has directed the police and the Directorate of Criminal Investigations (DCI) to file their responses by Monday, ahead of the hearing. Justice Alexander Muteti has summoned Kanja and Amin to appear in court, either personally or through their duly appointed counsel, to show cause why Mwaipaya was arrested, detained, and why he should not be immediately released from custody. The organization argues that there is a real and imminent risk that Mwaipaya could be forcibly transferred to Tanzania, where he may be subjected to torture, held incommunicado, or exposed to human rights violations and grave harm.
Mwaipaya is a known critic of the Tanzanian government with a huge following on his social media platforms. Vocal Africa has described the alleged abductors' modus operandi as "hidden in plain sight," using black double-cabin vehicles with fake number plates or none, and occupants wearing balaclavas or ski masks and dark shades, armed with pistols and guns, operating in commando style. The organization cites recent disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo, and Abdulaziz Duba, who were allegedly abducted in a similar fashion.
The organization has filed a habeas corpus application, seeking the immediate production of Mwaipaya. The petition states that the application is intended to secure Mwaipaya's immediate production, as his liberty and life are under immense threat. The petition also asked the court for an order directing the police to have Mwaipaya before the High Court or the Milimani High Court Criminal Duty Court within 24 hours, with the original of any warrant or order for detention.
The court order is the latest development in a series of alleged abductions in Kenya. The organization claims that such incidents have become too frequent, citing the recent disappearances of Kenyan nationals and foreign nationals, including Mwaipaya. The lobby also cited the alleged abduction of Ugandan opposition figure Dr. Kizza Besigye on November 16, 2024, claiming he was forcibly transferred to Uganda, where he is currently in detention facing treason charges.
The case will be heard on November 2, when Kanja and Amin are expected to appear in court and explain Mwaipaya's disappearance. The court's directive is aimed at ensuring that Mwaipaya's rights are protected and that he is produced in court, dead or alive. The outcome of the case will be closely watched, as it highlights concerns about human rights and the rule of law in Kenya.
Key points
- The High Court has ordered Inspector-General of Police Douglas Kanja and Director of Criminal Investigations Mohamed Amin to produce missing Tanzanian national Twaha Mwaipaya in court by November 2.
- Mwaipaya was allegedly abducted on October 25 at Kamulu, and his whereabouts remain unknown.
- The court has directed Kanja and Amin to appear in court on November 2 to explain why Mwaipaya should not be released from custody immediately.
