Vocal Africa has filed a habeas corpus application at the High Court seeking to compel security agencies to produce Tanzanian opposition activist Twaha Mwaipaya in court following his alleged abduction in Kamulu, Nairobi.
The human rights organisation wants the court to order the respondents to produce Mwaipaya before the High Court or the Milimani High Court Criminal Duty Court within 24 hours, alongside any warrant or order authorising his detention.
According to court documents, Mwaipaya was allegedly abducted on Sunday, October 25, at Kanisani stage in Kamulu along the Nairobi-Mombasa Highway by armed men travelling in a black double-cabin pickup.
The men reportedly wore balaclavas or ski masks and dark glasses during the incident, which allegedly occurred at around 1pm.
The application, supported by an affidavit sworn by human rights advocate Hussein Khalid, states that a friend who was accompanying Mwaipaya escaped and witnessed the alleged abduction.
Vocal Africa says Mwaipaya’s whereabouts and condition remain unknown despite a missing person report being lodged at Ruai Police Station under Occurrence Book number 47/25/10/2026.
The organisation further claims that Mwaipaya’s family and lawyers have not been informed of his whereabouts, the reasons for his alleged arrest or the agency responsible for holding him.
The applicants want Inspector General of Police Douglas Kanja Kirocho and National Intelligence Service Director General Noordin Mohamed Haji summoned to explain the activist’s whereabouts.
They are also seeking conservatory orders barring the respondents from arresting or detaining Mwaipaya over any criminal offence without the court’s leave or an order, pending the hearing and determination of the application.
The court is further being asked to order his unconditional release upon production, pending the institution of any charges before a court of law.
Vocal Africa has also asked the court to direct relevant authorities to preserve and produce CCTV footage, automatic number plate recognition records, toll records, mobile network data, border records and vehicle tracking information relating to the Nairobi-Mombasa Highway at Kamulu from October 25.
According to the application, the records could help establish the circumstances surrounding the alleged abduction and identify those responsible.
The organisation is also seeking orders directing relevant parties to conduct prompt, independent and effective investigations into the incident and file comprehensive reports in court within 14 days.
In support of the application, the applicants cite the reported disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo and Abdulaziz Duba, alleging similarities in the circumstances surrounding the incidents.
They describe Mwaipaya as a Tanzanian national and critic of the Tanzanian government with a significant social media following.
The applicants fear he could be forcibly transferred to Tanzania, where they allege he would face the risk of torture, incommunicado detention or other human rights violations. They also cite the 2024 abduction of Ugandan opposition figure Dr Kizza Besigye as part of their concerns over alleged cross-border transfers.
Vocal Africa argues that urgent court intervention is necessary to safeguard Mwaipaya’s constitutional rights, including his right to liberty and protection against torture and other forms of cruel, inhuman or degrading treatment.
The organisation has asked the court to certify the matter as urgent and hear it ex parte in the first instance, with service on the respondents dispensed with at that stage.
