Kenya High Court: Summons IG Kanja Over Twaha Mwaipaya Disappearance

• The Kenya High Court has summoned Inspector General Douglas Kanja and DCI boss Mohamed Amin to appear on November 3.
• They are required to explain the disappearance of Tanzanian activist Twaha Mwaipaya, his possible irregular repatriation, and the progress of investigations.
• Petitioners, represented by Martha Karua, demand personal accountability from the police chiefs and allege non-compliance with earlier court orders.
• Karua highlighted a pattern of enforced disappearances in the region and dismissed junior officers' appearance as inadequate.
• The Attorney General opposed the immediate appearance, requesting more time for ongoing investigations and stating compliance with a previous court order.

This significant development underscores the High Court's firm stance on judicial oversight and accountability for senior security officials in cases of alleged enforced disappearances.

The Kenya High Court has issued a direct summons for Inspector General Douglas Kanja to appear in person on Tuesday, November 3. This directive mandates the Inspector General to provide a comprehensive explanation regarding the disappearance of Tanzanian activist Twaha Mwaipaya. The court also seeks clarification on the possibility of Mwaipaya's irregular repatriation and the current status of investigations into his whereabouts. This significant development underscores the High Court's firm stance on judicial oversight and accountability for senior security officials in cases of alleged enforced disappearances.

In addition to Inspector General Kanja, the Directorate of Criminal Investigations (DCI) boss, Mohamed Amin, is also expected to present himself before the court. He is tasked with detailing the actions taken by security agencies to locate the missing activist. These summonses stem from an application filed by petitioners, led by Vocal Africa, who are represented by prominent lawyer Martha Karua. The petitioners are demanding that both police chiefs personally account for Mwaipaya's disappearance and demonstrate their compliance with previous court orders issued in this matter.

During her submissions, Martha Karua, representing the petitioners, strongly argued that law enforcement agencies were aware of Twaha Mwaipaya's disappearance since the preceding Sunday, when the incident was initially reported. She contended that the police should not rely on the formal service of court orders on Friday as an excuse for any delays in their investigative efforts. Karua emphasized that the primary duty of the police and other security agencies is to safeguard the well-being of all individuals within Kenya, asserting that the widespread press coverage of Mwaipaya's disappearance meant authorities should have been actively investigating long before the formal court directive.

Karua further highlighted that Mwaipaya's disappearance is part of a disturbing trend of abductions and enforced disappearances affecting individuals across the region. She pointed out that petitioners have been involved in court proceedings concerning similar incidents from December 2024 through 2025, with outcomes ranging from individuals being found alive to others tragically discovered deceased. Given this history, Karua asserted that security agencies should maintain a high level of vigilance and respond swiftly, initiating investigations in real-time rather than citing delays in receiving formal court documents. She dismissed the appearance of two junior police officers in court as insufficient, insisting that only Inspector General Douglas Kanja and DCI Mohamed Amin could provide the satisfactory answers sought by concerned citizens from Kenya, Tanzania, and Uganda regarding the steps taken to trace the activist.

Moreover, Karua accused the police of failing to comply with an earlier court order that specifically directed the production of Mwaipaya, or his body, before the court. She noted that neither the activist nor his remains had been presented, thereby indicating a potential contempt of the court's directive. Concerns were also raised by Karua regarding the possibility of Mwaipaya being returned to Tanzania, the country from which he allegedly fled, arguing that such an action would place him in further peril.

The Attorney General, however, opposed the application for the personal appearance of the two police chiefs. State Counsel Marwa, representing the Attorney General, maintained that the State had complied with the third court order related to the case. Marwa urged the court to grant investigators additional time to complete their ongoing work and to formally file their findings.

The State Counsel suggested that the necessity of Inspector General Douglas Kanja and DCI Mohamed Amin appearing before the court could be re-evaluated after the investigative findings have been presented. Marwa argued that if the court remained unsatisfied with the outcomes of the investigations, then an application for the personal appearance of the two senior officials would be merited at that point. This development underscores the Kenyan High Court's firm stance on judicial oversight and accountability for senior security officials in cases of alleged enforced disappearances and irregular repatriations, setting a precedent for demanding personal accountability from high-ranking state actors.

This development underscores the Kenyan High Court's firm stance on judicial oversight and accountability for senior security officials in cases of alleged enforced disappearances and irregular repatriations. Lawyers should recognize this as a precedent for demanding personal accountability from high-ranking state actors and for challenging investigative delays or non-compliance with court orders in human rights matters.

Source: Original reporting via local media.