Kenya: Court Urged to Compel Security Agencies to Produce Missing Tanzanian Activist
Nairobi — Vocal Africa has moved to the High Court seeking the production of Tanzanian opposition activist Twaha Mwaipaya in court following his alleged abduction in Kamulu, Nairobi.
The human rights organisation has filed a habeas corpus application seeking orders compelling security agencies to produce Mwaipaya before the High Court or the Milimani High Court Criminal Duty Court within 24 hours, together with any warrant or order authorising his detention.
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.
Court documents state that the men wore balaclavas or ski masks and dark glasses during the incident, which reportedly occurred at around 1pm.
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The application is supported by an affidavit sworn by human rights advocate Hussein Khalid, who says a friend accompanying Mwaipaya escaped and witnessed the incident.
“If you see a black double cabin pick-up trailing you … run!” the application quotes the friend as saying.
Vocal Africa says Mwaipaya’s whereabouts and condition remain unknown despite a missing person report having been filed at Ruai Police Station under Occurrence Book number 47/25/10/2026.
The organisation further states that Mwaipaya’s family and lawyers have not been informed of his whereabouts, the reasons for his alleged arrest or the security agency holding him.
The applicants want Inspector General of Police Douglas Kanja Kirocho and National Intelligence Service Director General Noordin Mohamed Haji summoned to explain Mwaipaya’s whereabouts and account for his disappearance.
They are also seeking conservatory orders barring the respondents from arresting or detaining the activist over any criminal offence without leave or an order of the court, pending the hearing and determination of the application.
The organisation further wants the court to order Mwaipaya’s unconditional release upon his production, pending the institution of any criminal charges before a court of law.
In a bid to establish what happened, Vocal Africa is seeking orders compelling 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 around Kamulu from October 25.
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According to the application, the records could help reconstruct the events surrounding the alleged abduction and identify those responsible.
The applicants also want the relevant parties to conduct prompt, independent and effective investigations into the incident and submit comprehensive reports to the court within 14 days.
In support of its application, the organisation cites the reported disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo and Abdulaziz Duba, alleging similarities in the circumstances surrounding the incidents.
Vocal Africa describes Mwaipaya as a Tanzanian national and critic of the Tanzanian government who has a significant social media following.
The organisation says it fears he could be forcibly transferred to Tanzania, where he could face torture, incommunicado detention or other human rights violations.
The applicants also refer to the 2024 abduction of Ugandan opposition figure Dr Kizza Besigye to support their concerns about alleged cross-border transfers of opposition figures.
They argue that urgent judicial intervention is necessary to protect Mwaipaya’s constitutional rights, including the right to liberty and freedom from torture and cruel, inhuman or degrading treatment.
Vocal Africa wants the application certified as urgent and heard ex parte in the first instance, with service on the respondents dispensed with at that stage.
The court is being asked to intervene before Mwaipaya’s whereabouts and condition are established, as the organisation seeks accountability from the relevant security agencies.
