The High Court has ordered Inspector General of Police Douglas Kanja to appear before it and explain the whereabouts of Tanzanian activist Twaha Mwaipaya, who has been missing for more than a week.
Justice Alexander Muteti issued the summons on Monday, November 2, expressing concern over the State's failure to account for the activist or establish whether he had been secretly removed from Kenya and repatriated to Tanzania.
The judge observed that Kanja, as the head of the National Police Service (NPS), was best placed to clarify whether police officers or other State agents were involved in Mwaipaya's disappearance.
"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 added: "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."
Mwaipaya was reported missing on Sunday, October 25, 2026, after he was allegedly forcibly taken away by unknown individuals.
His disappearance subsequently triggered a court case in which lawyers sought orders compelling police to disclose his whereabouts and produce him before the court.
However, the State informed the court that the activist was neither in the custody of the Inspector General of Police nor that of the Directorate of Criminal Investigations (DCI).
In his latest directives, Justice Muteti declined to issue a separate summons for DCI Director Mohamed Amin, ruling that the Inspector General exercised overall authority over police operations and was therefore better placed to respond.
The decision followed an application by Senior Counsel Martha Karua, who appeared in court on behalf of Vocal Africa and sought to have both Kanja and Amin personally summoned to explain Mwaipaya's disappearance.
Appearing before Justice Muteti at the Milimani Law Courts, Karua argued that police had been notified about the activist's disappearance on October 25 but had failed to act with the urgency the matter demanded.
The People Liberation Party (PLP) leader also questioned why the State maintained that investigations only began on October 26, despite police having received an earlier notification.
She argued that authorities could not use the subsequent formal service of court orders as justification for delaying investigations.
"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.
Karua further dismissed the appearance of senior representatives from the NPS and DCI as insufficient, insisting that the heads of the two agencies should personally account for the missing Tanzanian national.
However, State Counsel Marwa, who represented the Inspector General and the DCI Director, opposed the application, arguing that investigations were still underway. Marwa maintained that Mwaipaya was not being held by either of the two agencies.
Following the court's directive, Kanja is expected to appear before Justice Muteti on Tuesday, November 3, to respond to questions surrounding Mwaipaya's disappearance and clarify whether State agents played any role in his alleged abduction or removal from Kenya.
