NAIROBI, Kenya – Inspector General of Police Douglas Kanja has denied that police officers arrested or detained missing Tanzanian activist Twaha Mwaipaya, telling the High Court that he is not being held at any police station in the country.
Appearing before Milimani High Court Judge Alexander Muteti on Tuesday, November 3, 2026, Kanja said the National Police Service had never taken Mwaipaya into custody and could therefore not have removed him from detention.
“My Lord, I wish to confirm that we do not have the subject in any of our police custody across the country,” Kanja told the court.
The police chief added that he was not aware of any arrest of the activist by officers serving under him.
“My Lord, the subject was at no time arrested by my officers. So, since he has never been in our custody, then obviously, my Lord, he cannot have been removed by the State,” he said.
However, Kanja confirmed that a report concerning Mwaipaya’s disappearance had been lodged at Ruai Police Station and that investigations were underway.
He told the court that the investigating officer handling the case was present during the proceedings.
Kanja also maintained that any police officer found to have participated in criminal activity would be investigated and treated like any other suspect.
“In the course of investigations, if it turns out that amongst the criminal elements there is a police officer, he will be treated as such, and the rule of law will take its own place,” he said.
Court presses authorities over missing activist
Kanja’s appearance followed earlier orders by Justice Muteti requiring authorities to account for Mwaipaya’s whereabouts after the activist was reported missing on October 25.
On October 30, the court directed police to produce Mwaipaya before it, dead or alive, alongside any original warrant or order authorising his detention, and explain why he should not be released.
The activist was not produced during the subsequent court proceedings, prompting further questions about the state’s response.
In proceedings on November 2, Justice Muteti questioned why authorities had not filed a substantive report detailing the steps taken to establish Mwaipaya’s whereabouts, despite the disappearance having been reported more than a week earlier.
The judge also said the state had not adequately addressed allegations that the activist could have been unlawfully removed from Kenya by state agents. The court’s concerns did not establish who was responsible for the disappearance or whether Mwaipaya had been taken across the border.
How Mwaipaya reportedly disappeared
According to a habeas corpus petition filed by human rights organisation Vocal Africa, Mwaipaya was allegedly abducted on Sunday, October 25, at Kanisani stage in Kamulu.
Court documents state that the Tanzanian activist was travelling with a friend when their vehicle was intercepted by armed men in a black double-cabin pickup.
The alleged abductors reportedly wore ski masks and dark glasses and used a vehicle with fake number plates.
The petition claims the men were armed with pistols and forcibly took Mwaipaya to an undisclosed location, while his companion managed to escape.
A missing-person report was subsequently lodged at Ruai Police Station.
Vocal Africa describes Mwaipaya as a critic of the Tanzanian government and says his disappearance raises concerns about the possibility of his transfer to Tanzania, where the organisation fears he could face torture or other human rights violations.
The organisation is seeking judicial intervention to establish his whereabouts and secure his production before the court.
Senior Counsel Martha Karua is representing the family and petitioners. During cross-examination, she questioned Kanja on whether police officers involved in criminal conduct could be held accountable.
Mwaipaya’s whereabouts and condition remain unknown, while investigations into his disappearance continue.
