Muteti summons IG Kanja after State fails to produce missing Tanzanian activist
The judge noted that although the IG and DCI had sent senior officers to court, the State had not addressed allegations of possible repatriation.
Nairobi, Kenya - The High Court has ordered Inspector General of Police Douglas Kanja to appear in court on Tuesday, following the State's failure to produce missing Tanzanian activist Twaha Mwaipaya, alive or dead, as previously mandated. Judge Alexander Muteti expressed concern on Monday over the State's lack of clarity regarding Mwaipaya's whereabouts, especially in light of allegations that he may have been arrested and returned to Tanzania without adhering to proper legal procedures.
The judge emphasized that Article 49 of the Constitution mandates an arrested individual to be presented before a court or informed of the reasons for continued detention, and that the State had a responsibility to assure the court that its agents did not detain and remove the activist from Kenya. Muteti highlighted the urgency of addressing potential repatriation claims, criticizing the government for not filing an affidavit due to the seriousness of the situation.
The Inspector General, as head of the police service, was specifically asked to explain whether State agents could have abducted Mwaipaya and returned him to Tanzania without due process. Kanja was directed to appear in court on November 3 to provide updates on investigations into the activist's disappearance. The judge referenced Article 49 of the Constitution and the European Court of Human Rights' Öcalan v Turkey decision, underscoring the importance of promptly presenting arrested persons before judicial authorities to protect against arbitrary detention and ill-treatment.
The case gained additional relevance as it involved a foreign national, with the Attorney General also facing criticism for not offering sufficient support in a matter concerning the liberty of a Tanzanian. The summons was prompted by an application by the human rights organization Vocal Africa, which sought Mwaipaya's production on October 27 after he reportedly vanished in Kamulu, Machakos County, on October 25.
The court ordered security agencies to present the activist on Monday, November 2, either "alive or dead," along with the original detention warrant and a reason for his continued detention or release.
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