IG Kanja, DCI Amin ordered to produce missing Tanzanian Twaha Mwaipaya

By  Sam Kiplagat

Court Reporter

Nation Media Group

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, dead or alive.

In a directive issued on October 30, the court ordered that Mr Mwaipaya, who was allegedly abducted at Kamulu on Sunday, October 25, or his body, be produced in court on November 2.

Justice Alexander Muteti further directed Mr Kanja and Mr Amin, or their representatives, to appear in court on the same day and explain why Mr Mwaipaya should not be released from custody immediately. The court directed the police and the Directorate of Criminal Investigations (DCI) to file their responses by Monday, ahead of the hearing.

"That the 5th and 6th Respondents (Kanja and Amin) are hereby summoned to appear either by themselves or by their duly appointed Counsel and show cause why the subject was arrested, detained and why he should not be immediately released from custody," the court said.

Vocal Africa has moved to the High Court seeking the immediate production of Mr Mwaipaya. In a habeas corpus application, the non-governmental organisation says that, despite reporting his disappearance at Ruai Police Station on the day he went missing and trying to trace him through various police stations in Nairobi County, no information about his whereabouts has been forthcoming.

According to the petition, Mr Mwaipaya was abducted in broad daylight at Kanisani stage in the Kamulu area. Since then, his whereabouts and condition remain unknown. The lobby says neither his family members nor his advocates have been informed of the reasons for his arrest, the agency responsible for his detention or the place where he is being held.

The organisation says Mr Mwaipaya is a known critic of the Tanzanian government with a huge following on his social media platforms. It argues that there is a real and imminent risk that, unless the court intervenes urgently, he could be forcibly transferred to Tanzania, where he may be subjected to torture, held incommunicado or exposed to human rights violations and grave harm.

"This application of habeas corpus writ is intended to secure the immediate production of the subject whose liberty and life are under immense threat," the petition stated.

It also asked the court for an order directing the first respondent to have Mr 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.

"That pending the inter parties hearing and determination of this application, a mandatory order of writ of habeas corpus be and hereby issue directing the 1st Respondent, to have the subject Twaha Mwaipaya before this Court or the Milimani High Court Criminal Duty Court within twenty-four (24) hours with the original of any warrant or order for detention," the petition added.

'Hidden in plain sight'

The lobby described what it termed the modus operandi of the alleged abductors as being "hidden in plain sight". It said they use black double-cabin vehicles with fake number plates or none, and that the occupants wear balaclavas or ski masks and dark shades and are armed with pistols and guns, operating in commando style.

It said such incidents had become too frequent, citing the recent disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo and Abdulaziz Duba, who were allegedly abducted in a similar fashion and bundled into a black double-cabin vehicle. Their whereabouts remain unknown, according to the organisation.

"It is now more concerning that this abduction squad are not only abducting Kenyans but even foreign nationals, the Subject being of Tanzanian Nationality," the petition said.

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.

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