High Court orders IG Kanja, DCI boss Amin to explain whereabouts of missing Tanzanian activist Mwaipaya

High Court orders IG Kanja, DCI boss Amin to explain whereabouts of missing Tanzanian activist Mwaipaya

Justice Muteti orders Inspector General Douglas Kanja and DCI Director Mohamed Amin to personally explain the activist's disappearance after Martha Karua accuses police of delaying investigations.

The High Court has ordered Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) Director Mohamed Amin to appear personally and explain the whereabouts of missing Tanzanian activist Twaha Mwaipaya, who was reportedly abducted in Kamulu on October 25, 2026.

Justice Muteti issued the directive at the Milimani Law Courts after Senior Counsel Martha Karua urged the court to compel the two security chiefs to account directly for the activist's disappearance, accusing police of failing to show urgency in tracing him.

Appearing for Vocal Africa, Karua argued that the responsibility of explaining Mwaipaya's disappearance could not be delegated to junior officers, insisting that the country's top security officials must personally answer to the court.

She questioned why investigations appeared to have begun a day after the activist went missing, despite police reportedly being notified of his disappearance on Sunday, October 25.

“It is the business of the police to secure the well-being of Kenyans. 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,” she submitted.

Karua further accused the respondents of defying an earlier court order requiring them to produce Mwaipaya or his body before the court.

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“They are already in contempt of order number two. We don't have Mwaipaya here or his body. Let them come before you and answer to Kenyans, Tanzanians and Ugandans,” she told the court.

The Senior Counsel also questioned why investigators were waiting for responses from Safaricom and Airtel to obtain information that could help trace the missing activist.

She argued that police had previously demonstrated their ability to obtain mobile phone information during investigations, citing the murder probe involving Kasipul MP Charles Were.

However, State Counsel Marwa opposed the application, maintaining that investigations were ongoing and that Mwaipaya was not in police custody.

Marwa told the court that Commissioner of Police Kittony and senior legal officers were representing the Inspector General and the DCI Director.

He said investigators had written to Safaricom, Airtel and Bolt seeking information that could help trace the activist.

The State also disclosed that several witnesses, including Mwaipaya's host, James Gatunyi, had recorded statements, but investigators were yet to receive responses from the telecommunications companies.

It consequently sought more time to file a substantive affidavit detailing the progress of the investigations.

Lawyer Abner Mango backed Karua's application, arguing that the case involved serious allegations of unlawful arrest, detention and holding the activist incommunicado.

Mango invoked Article 156(6) of the Constitution, which requires the Attorney General to have regard to the public interest, the interests of the administration of justice and the need to prevent abuse of legal process.

The case centres on the disappearance of Mwaipaya, a Tanzanian activist whose whereabouts remain unknown.