The High Court has ordered Inspector-General of Police Douglas Kanja and Director of Criminal Investigations (DCI) Mohamed Amin to produce missing Tanzanian opposition activist Twaha Mwaipaya in court on Monday, November 2, either dead or alive.
The directive, issued on October 30 by Justice Alexander Muteti, follows reports that Mwaipaya was abducted in Kamulu, on the outskirts of Nairobi, on Sunday, October 25.
In its orders, the court directed the two security chiefs to ensure that the Tanzanian national is presented before it or that his body is produced if he is no longer alive.
Justice Muteti also directed Kanja and Amin, or their representatives, to appear during the hearing and explain why Mwaipaya should not be released from custody immediately.
The court further ordered the police and the Directorate of Criminal Investigations to file their responses by Monday ahead of the hearing, giving the security agencies an opportunity to account for the activist's whereabouts and respond to the allegations surrounding his disappearance.
The case has drawn attention to concerns over the reported abduction of the Tanzanian national and the need for authorities to establish whether he is being held in custody and, if so, under whose authority.
Mwaipaya's disappearance has also raised questions about the safety of foreign nationals and political activists in Kenya, particularly amid concerns over alleged abductions and cross-border operations targeting individuals wanted by authorities in their home countries.
The court's directive places the responsibility on the country's top police and investigative officials to account for the missing activist and provide information about his whereabouts.
Human rights advocates have warned that enforced disappearance and the forced return of individuals to places where they face a risk of torture are prohibited under international human rights standards.
They have called for Mwaipaya's whereabouts to be established and for his safety to be guaranteed as the legal process continues.
The November 2 hearing is expected to provide an opportunity for the police and DCI to explain the circumstances surrounding his disappearance and respond to the court's orders.
The court's demand that Mwaipaya or his body be produced underscores the urgency of the matter, as his family and those following the case await answers about what happened after his reported abduction in Kamulu.
