Court orders police to produce missing Tanzanian activist Twaha Mwaipaya

Court orders police to produce missing Tanzanian activist Twaha Mwaipaya

Vocal Africa moved to court on October 27, seeking habeas corpus orders compelling police to account for the activist, whose whereabouts have remained unknown since October 25.

The High Court has ordered the Inspector General of Police and other senior security officials to produce missing Tanzanian activist Twaha Mwaipaya in court on Monday, November 2, 2026, or explain why he should not be released from custody.

Justice Alexander Muteti issued the orders on Friday, October 30, after certifying as urgent an application by human rights organisation Vocal Africa, which is seeking to establish the whereabouts of the activist following his alleged abduction in Kamulu, Nairobi.

The judge directed the first, second and third respondents, either personally or through their duly appointed officers, to produce Mwaipaya's body before the court at 11:00 am on November 2, together with the original detention warrant.

They were also ordered to show cause why the activist should not be immediately released from custody.

Additionally, Justice Muteti directed the fifth and sixth respondents to appear personally or through their advocates and explain the circumstances surrounding Mwaipaya's arrest and detention, including why he should not be released immediately.

The court further ordered all respondents and interested parties to be served with the application and the orders before the close of business on Friday.

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They were directed to file and serve their responses, if any, by 9:00 am on Monday, November 2, ahead of the mention scheduled for 11:00 am for further directions.

Vocal Africa moved to court on October 27, seeking habeas corpus orders compelling police to account for the activist, whose whereabouts have remained unknown since October 25.

According to the organisation's Chief Executive Officer Hussein Khalid, Mwaipaya was allegedly abducted at Kanisani stage in Kamulu at around 1:00 pm by armed men travelling in a black double-cabin pickup.

Khalid told the court that the men wore balaclavas or ski masks, carried firearms and used vehicles bearing fake or missing number plates.

“If you see a black double-cabin pickup trailing you… RUN!” reads an account by a friend who allegedly witnessed the incident and subsequently recorded a statement.

The organisation said a missing-person report was filed at Ruai Police Station under Occurrence Book number 47/25/10/2026, but subsequent efforts to trace him through various police stations had been unsuccessful.

“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,” Khalid stated in his affidavit.

Vocal Africa fears that the activist could be subjected to torture, incommunicado detention, or forcibly transferred to Tanzania over his alleged criticism of the Tanzanian government.

The petition names the Inspector General of Police, the Director of Criminal Investigations (DCI), the National Police Service (NPS) , the Attorney General and other security officials as respondents.

The court will revisit the matter on November 2.