IG Kanja Denies Mwaipaya Police Custody in Kenya Court

• Inspector General Douglas Kanja denied before the Milimani High Court that missing Tanzanian activist Twaha Mwaipaya was ever in police custody.
• Kanja confirmed a report of Mwaipaya's disappearance was filed at Ruai Police Station, with investigations currently underway.
• The High Court had previously ordered police to produce Mwaipaya, who was reportedly abducted on October 25 in Kamulu, Machakos County.
• During the hearing, lawyers challenged Kanja to provide details on arrests or prosecutions related to other abduction cases, which he described as tedious and ongoing.
• Justice Alexander Muteti is overseeing the proceedings, with further court directions anticipated regarding the petitioners' application.

The Inspector General's appearance before Justice Alexander Muteti highlights the judiciary's active role in demanding transparency and accountability from high-ranking officials concerning alleged human rights abuses.

Inspector General of Police Douglas Kanja recently appeared before the Milimani High Court, where he categorically denied that law enforcement officers were involved in the arrest or detention of Tanzanian activist Twaha Mwaipaya, who has been reported missing. Addressing Justice Alexander Muteti, Kanja asserted that Mwaipaya had not been held in police custody anywhere within Kenya's borders, thereby disassociating the National Police Service from his disappearance. He further stated that he had no knowledge of any arrest of the activist by officers under his command, emphasizing that police could not have released someone they had never detained.

Despite these denials, Kanja confirmed to the court that a formal report concerning Mwaipaya's disappearance had been lodged at the Ruai Police Station, and investigations into the matter were actively ongoing. The activist was reportedly seized on October 25 in Kamulu, Machakos County, around 2 p.m., while he was traveling in a taxi to visit acquaintances. Accounts from human rights organizations, including Amnesty International Kenya and the Defenders Coalition, indicate that the individuals involved in the alleged abduction were operating three vehicles, one of which was identified as a Toyota Land Cruiser hardtop.

The Inspector General's court appearance was prompted by increasing pressure on security agencies to provide answers regarding Mwaipaya's whereabouts, particularly after the High Court issued a directive for the police to produce the activist, either alive or deceased. This order followed an application filed by human rights groups, notably Vocal Africa, seeking judicial intervention in the case. During the proceedings, Kanja maintained that the police force consistently treats all reported abductions as criminal offenses, initiating investigations whenever such incidents are brought to their attention. He explicitly refuted allegations of police involvement in enforced disappearances, stating that the National Police Service does not engage in such practices.

However, Kanja's assurances regarding ongoing investigations faced scrutiny during cross-examination. Lawyers challenged him to identify specific individuals who had been apprehended and prosecuted in connection with other abduction cases reported across the country. When pressed on whether any perpetrators had been held accountable, the police chief acknowledged that numerous investigations were still active, describing them as "tedious" due to the extensive work involved. He conceded that some cases might have reached a conclusion but indicated he would require additional time to furnish the court with detailed information.

The hearing unfolded amidst a backdrop of public concern over a perceived wave of abductions, a context that amplified the questions directed at the National Police Service accountability. Despite the challenges and allegations, Inspector General Douglas Kanja reiterated his confidence in his leadership, asserting that the nation remains secure and that Kenyans trust the police force to safeguard their safety and property. He emphasized that the country is safe "from north to south, from east to west," underscoring his belief in the public's confidence in the Inspector General.

The Inspector General's appearance before Justice Alexander Muteti highlights the judiciary's active role in demanding transparency and accountability from high-ranking officials concerning alleged human rights abuses. As the search for Twaha Mwaipaya continues, the Milimani High Court is expected to issue further directions on the petitioners' application, signaling ongoing judicial oversight in cases of alleged enforced disappearances in Kenya. This development underscores the judiciary's increasing scrutiny of state agencies regarding human rights violations and provides a precedent for pursuing judicial intervention to compel information and action in such matters.

Lawyers representing clients in alleged enforced disappearance cases should note the High Court's active role in demanding accountability from high-ranking officials like the Inspector General of Police. This development underscores the judiciary's increasing scrutiny of state agencies regarding human rights violations and provides a precedent for pursuing judicial intervention to compel information and action in such matters.

Source: Original reporting via Capital FM Kenya