Vocal Africa, through its legal representative Martha Karua, has asked the High Court to compel Inspector General of Police Douglas Kanja and Directorate of Criminal Investigations (DCI) boss Mohamed Amin to appear in person and explain the whereabouts of missing Tanzanian activist Twaha Mwaipaya.
Appearing before Justice Muteti, Karua argued that the two police chiefs should personally account for the activist’s disappearance, insisting that security agencies had been aware of the matter since Sunday, when it was first reported.
She told the court that the police could not rely on the formal service of court orders on Friday to justify delays in commencing investigations, arguing that the disappearance had already attracted widespread media attention.
“It is the business of the police and security agencies to secure the well-being of all Kenyans. Having been notified on Sunday, they would have done their best. The matter was reported widely in press reports. They can’t say they began investigating on Friday,” Karua submitted.
Karua further noted that the case was not an isolated incident, recalling previous cases of disappearances and alleged cross-border abductions that have been the subject of court proceedings between December 2024 and 2025.
She said some of the individuals involved in previous cases were eventually found alive, while others were discovered dead, warning that security agencies should respond promptly whenever such incidents are reported.
The lawyer dismissed the appearance of two junior police officers before the court, arguing that their presence was insufficient to address the concerns raised by the petitioners and members of the public in Kenya, Tanzania and Uganda.
“We submit that the two officers’ appearance is not enough. Kenyans are asking serious questions which can be answered by DCI and IG. We want the two bosses to appear personally before the court,” she said.
Karua also accused the police of already being in contempt of the second court order, which required the production of the missing activist before the court.
“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 submitted.
She further raised concerns that the State could be seeking to return Mwaipaya to Tanzania, the country he allegedly fled from.
However, the Attorney General, represented by State Counsel Marwa, opposed the application, maintaining that the State had complied with the third court order and that investigations into the activist’s disappearance were ongoing.
Marwa urged the court to give investigators more time to conclude their work and file their findings, arguing that compelling the Inspector General and DCI boss to appear in person at this stage was premature.
“I have read your order and to order number three I submit that there’s compliance. We have told the court that the matter is actively being investigated. Give us an opportunity to file the findings of the investigations. If the court will not be satisfied, then an application will be merited,” Marwa told the court.
The State Counsel also accused the petitioners of shifting focus from what he described as the primary court order, which required authorities to produce the missing activist.
“They have abandoned the primary order for compliance, which is order number two, the production of the missing person,” he argued.
Justice Muteti is expected to issue directions on whether IG Douglas Kanja and DCI Director Mohamed Amin will be compelled to appear personally before the court to account for Mwaipaya’s whereabouts.
