The High Court has ordered Inspector General of Police Douglas Kanja to appear in court and explain what happened to Tanzanian activist Twaha Mwaipaya, who has been missing for more than a week.
Justice Alexander Muteti issued the summons on Monday, November 2, saying the State had not accounted for Mwaipaya or clarified whether he had been taken out of Kenya and returned to Tanzania.
The judge said Kanja, as head of the National Police Service, was best placed to address concerns that police officers or other State agents may have been involved in the activist’s disappearance.
Mwaipaya was reported missing on October 25 after he was allegedly taken by armed men in Machakos. His disappearance led to a court case seeking to compel authorities to establish his whereabouts and produce him before the court.
The State told the court that Mwaipaya was not in the custody of the police or the Directorate of Criminal Investigations (DCI).
Justice Muteti declined to summon DCI Director Mohamed Amin separately, saying the Inspector General had overall authority over police matters.
The summons followed an application by Senior Counsel Martha Karua, who represents Vocal Africa. Karua asked the court to require Kanja and Amin to appear personally and explain what had happened to Mwaipaya.
Karua told the court that police had been notified of the activist’s disappearance on October 25 but had not responded with the urgency required. She questioned why the State said investigations began on October 26.
“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 Counsel Marwa, representing Kanja and Amin, opposed the application, saying investigations were ongoing and that Mwaipaya was not in either official’s custody.
Kanja is expected to appear before the court on Tuesday, November 3, to respond to questions about the activist’s whereabouts.
