Court Summons IG Douglas Kanja Over Disappearance of Tanzanian Activist Twaha Mwaipaya
Justice Alexander Muteti issued the directive on Monday, November 2, expressing concern that the government had not provided a clear account of the activist’s whereabouts or established whether he had been removed from Kenya and returned to Tanzania.
The case has raised questions about the protection of foreign nationals, police accountability and the state’s obligation to safeguard individual liberty.
Judge Questions State’s Failure to Account for Activist
Justice Muteti said the government should have filed an affidavit explaining the circumstances surrounding Mwaipaya’s disappearance, given the seriousness of the case.
The judge also emphasised the role of the Attorney General in providing legal support to the court on matters involving constitutional rights and the treatment of foreign nationals.
“The State ought to have filed an affidavit in this matter, considering its gravity. The Attorney General, as the Government’s principal legal adviser under Article 156 of the Constitution, should lend unqualified support to the court on matters touching on the liberty of foreign nationals, particularly because the management of the country’s image on the international stage falls within the office’s mandate,” Justice Muteti noted.
The judge said Kanja was best placed to clarify whether state agencies had played any role in the activist’s disappearance or possible removal from the country.
“This court therefore finds merit in having the Inspector General of Police appear before it to explain whether State agents may have abducted and repatriated the subject to his homeland without due process. As the head of the National Police Service, the IG is hereby summoned to address the possibility of the subject’s irregular removal from the country and provide an update on his disappearance.”
Twaha Mwaipaya Reported Missing in October
Mwaipaya was reported missing on Sunday, October 25, 2026, after he was allegedly taken by unidentified individuals.
His disappearance prompted legal action seeking to compel authorities to establish his whereabouts and produce him before the court.
The government maintained that investigations were ongoing, but the court remained concerned about the lack of a clear account of what had happened to him.
Justice Muteti declined to summon DCI Director Mohamed Amin separately, reasoning that the Inspector General had overall authority over police matters.
Martha Karua Challenges Police Investigation Timeline
The application was filed by Senior Counsel Martha Karua, who represented Vocal Africa in the case.
She questioned the State’s position that investigations began on October 26 and argued that authorities should not rely on the later service of court orders to explain any delay.
“Having been notified on Sunday, they cannot say that they only began investigating on Friday unless they are telling the court that they have abandoned the duty we pay them for,” Karua submitted.
State Says Investigations Are Ongoing
State Counsel Marwa, representing Kanja and Amin, opposed the application, maintaining that investigations were continuing and that Mwaipaya was not being held by either of the two agencies.
The court has now placed responsibility on Kanja to provide further clarification when he appears on Tuesday.
For the activist’s family, legal representatives and those following the case, the key question remains unanswered: where is Twaha Mwaipaya, and what happened to him after he was reported missing?
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Court Summons IG Douglas Kanja Over Disappearance of Tanzanian Activist Twaha Mwaipaya
