Vocal Africa, through lawyer 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.
The petitioners argue that the two senior police officials should personally account for the activist's disappearance, insisting that security agencies had been alerted to the matter several days before they were formally served with court orders.
Appearing before Justice Alexander Muteti, Karua told the court that Mwaipaya's disappearance was reported on Sunday, while formal service of the court orders was completed on Friday.
She argued that police should have started investigations immediately after receiving the initial report instead of relying on the date they were served with the court documents.
Karua also pointed out that the matter had attracted widespread media coverage, which she said should have alerted security agencies to the need for urgent action.
The lawyer further raised concerns over what she described as a pattern of disappearances and abductions, telling the court that similar cases had previously been pursued through the courts between December 2024 and 2025.
She said some of the individuals involved in those cases were eventually found alive, while others were discovered dead, arguing that such experiences should have prompted security agencies to respond more quickly to reports of missing persons.
According to Karua, the police should not wait for court orders before taking action whenever reports of disappearances emerge.
She also questioned why two junior police officers had appeared in court instead of the Inspector General and the DCI director, saying their presence was insufficient to address the concerns raised by the petitioners.
Karua argued that the case had attracted interest from people in Kenya, Tanzania and Uganda, who were seeking answers about Mwaipaya's whereabouts.
The petitioners maintained that the two police chiefs were better placed to explain the steps taken by their respective agencies and account for the activist's disappearance.
They further accused the police of failing to comply with the court's second order, which required the production of Mwaipaya.
Karua told the court that the activist had neither been presented before the judge nor had his whereabouts been established. She argued that the failure to comply with the directive amounted to contempt of court.
She also raised concerns about the possibility of Mwaipaya being returned to Tanzania, the country he reportedly fled, warning against any move that could expose him to further danger.
However, the Attorney General, represented by State Counsel Marwa, opposed the application seeking the personal appearance of Kanja and Amin.
Marwa told the court that the State had complied with the third order and that investigations into the activist's disappearance were actively ongoing.
He asked Justice Muteti to allow the investigating agencies more time to complete their work and file their findings before the court considers whether further action against the senior police officials is necessary.
The State Counsel argued that the petitioners could make another application if the investigation findings failed to satisfy the court.
He also accused the petitioners of shifting their focus from what he described as the primary requirement of the earlier court orders.
According to Marwa, the second order, which required the production of the missing activist, remained the central issue that needed to be addressed.
The court heard opposing submissions from the two sides, with the petitioners insisting that the police chiefs should personally account for the matter while the State maintained that investigators should first be given an opportunity to complete their work.
Mwaipaya was reportedly abducted in Kamulu, Nairobi, on October 25, 2026, by armed men who allegedly intercepted the vehicle in which he was travelling before taking him to an unknown destination. His whereabouts have remained unknown since the incident.
The High Court had earlier directed security officials to produce him, either alive or dead, and account for the circumstances surrounding his reported disappearance.
Justice Muteti is expected to give directions on whether IG Kanja and DCI boss Amin will be required to appear personally before the court.
