The High Court has summoned IG Douglas Kanja over Twaha Mwaipaya’s disappearance.
Justice Alexander Muteti wants the police chief to explain Mwaipaya’s whereabouts and address possible removal from Kenya without due process.
The High Court has summoned Inspector General of Police Douglas Kanja to explain the whereabouts of missing Tanzanian activist Twaha Mwaipaya. Kanja must appear on Tuesday, November 3, after the activist’s disappearance more than a week earlier.
Justice Alexander Muteti issued the order on Monday, November 2. He expressed concern that the State had neither accounted for Mwaipaya nor clarified whether he had returned to Tanzania through repatriation.
The judge said Kanja, as National Police Service head, could explain any involvement by police or other State agents. He also directed the police chief to address the possibility of removal from Kenya without due process.
Court seeks answers on missing Tanzanian activist
Mwaipaya reportedly disappeared on October 25, 2026, after unknown people allegedly took him by force. His disappearance prompted lawyers to seek orders compelling police to locate him and bring him before the court.
However, the State told the court that neither the Inspector General nor the Directorate of Criminal Investigations held Mwaipaya. State Counsel Marwa, representing Kanja and DCI Director Mohamed Amin, maintained that investigations were continuing.
Muteti said the seriousness of the case required the State to file an affidavit. He also urged the Attorney General to support the court on matters concerning foreign nationals’ liberty.
The judge cited the Attorney General’s role as the Government’s principal legal adviser under Article 156 of the Constitution. He linked that responsibility to Kenya’s international standing.
Karua sought personal appearances by police chiefs
The directive followed an application by Senior Counsel Martha Karua, representing Vocal Africa at the Milimani Law Courts. She wanted both Kanja and Amin to appear personally and explain what had happened to Mwaipaya.
Karua argued that police knew about the disappearance on October 25 but had failed to act urgently. She also challenged reliance on the later formal service of court orders to justify delays.
In addition, Karua said attendance by senior National Police Service and DCI representatives did not replace accountability from their heads. Marwa opposed the application, citing ongoing investigations and denying that either client held the activist.
However, Muteti declined to summon Amin separately because Kanja holds overall authority over police matters. The Inspector General must instead answer the court’s questions about Mwaipaya’s disappearance and possible repatriation.
