Justice Alexander Muteti of the Milimani High Court has ordered three police officials to produce Tanzanian activist Twaha Mwaipaya "either alive or dead". The orders, issued on Friday, target Inspector General of Police Douglas Kanja, DCI Director Mohamed Amin and the Ruai Police Station commander. Mwaipaya, or his body, must be in court on Monday, November 2, at 11am, The Standard reported.
The officials must also bring the original detention warrant. They have to show cause why Mwaipaya should not be released immediately. Kanja and Amin were summoned to appear in person or through their lawyers to explain why he was arrested and detained, the Daily Nation reported. All respondents must file their responses by 9am on Monday.
The orders followed an urgent habeas corpus application by the lobby group Vocal Africa through its CEO, Hussein Khalid. The group went to court on October 27, The Eastleigh Voice reported. In a sworn affidavit, Khalid said armed men stopped the vehicle Mwaipaya was travelling in at around 1pm on October 25. The incident happened near Kanisani stage in Kamulu. The men allegedly forced him into a vehicle and drove off. A friend travelling with him escaped and later recorded a statement.
Vocal Africa says the family reported him missing at Ruai Police Station the same day. It says the family also searched several police stations in Nairobi County. According to the petition, his family and lawyers have not been told why he was arrested, which agency is holding him or where he is.
The group also asked the court to bar security agencies from arresting him again without its permission. It wants the police and IPOA to preserve CCTV footage, vehicle-tracking records, mobile network data and border records.
According to the petition, Mwaipaya is a human rights defender and youth organiser linked to CHADEMA, Tanzania's opposition party. The petition calls him a known critic of the Tanzanian government with a large social media following. Vocal Africa fears he could be forcibly transferred to Tanzania. It says he risks torture or being held incommunicado there.
The group says the abductors use black double-cabin vehicles with fake number plates or none at all. It says the men wear balaclavas and carry guns. The petition lists the disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo and Abdulaziz Duba as similar cases. It also cites the alleged abduction of Ugandan opposition figure Kizza Besigye on November 16, 2024. "It is now more concerning that this abduction squad are not only abducting Kenyans but even foreign nationals," the petition said.
The case will be mentioned on Monday for further directions.