NAIROBI, Kenya—Police have failed to produce missing Tanzanian opposition activist Twaha Mwaipaya before the Milimani Law Courts despite an order requiring them to account for his whereabouts.
Human rights activist Hussein Khalid said Monday that Vocal Africa, which is pursuing the matter in court, was present when the Inspector General of Police, the Directorate of Criminal Investigations (DCI) and the Officer Commanding Ruai Police Station were expected to produce Mwaipaya.
In an update shared on X, Khalid said the activist had not been produced and that police told the court the matter was “under active investigations”.
“We are awaiting the ruling of the court following the failure to produce Twaha Mwaipayi, dead or alive,” Khalid said.
The court proceedings mark a new development in the case, which has drawn concern from human rights organisations over the disappearance of the Tanzanian national in Kamulu, Nairobi County.
Mwaipaya reportedly seized in Kamulu
Mwaipaya was reportedly abducted on Sunday, October 25, while travelling in a taxi to visit friends.
Amnesty International said individuals travelling in three vehicles intercepted the taxi at around 2pm. One of the vehicles was described as a Toyota Land Cruiser Hardtop.
His whereabouts remained unknown in subsequent statements by rights organisations, which called on Kenyan authorities to establish what happened and guarantee his safety.
The Kenya National Commission on Human Rights (KNCHR), in a statement issued on October 29, demanded urgent action to locate Mwaipaya and investigate the circumstances of his disappearance.
The commission said Mwaipaya had fled Tanzania for Kenya in 2025 over fears for his personal safety.
It also called for prompt, independent and effective investigations, warning that the incident raised concerns about the protection of political exiles, refugees and other people at risk in Kenya.
Amnesty International, the Defenders Coalition and the Linda Mwananchi Movement have also raised concerns over the reported abduction.
The Linda Mwananchi Movement called for an independent investigation and urged the government to protect Mwaipaya from harm and prevent his forced removal from Kenya.
Vocal Africa takes case to court
Vocal Africa moved to court seeking orders requiring police to produce Mwaipaya and disclose the legal basis for any detention.
The latest update from Khalid indicates that the authorities did not comply with the production order on the scheduled court date. Police reportedly told the court that investigations were ongoing.
The court is now expected to give its ruling following the failure to produce the activist.
The case has intensified calls for authorities to clarify whether Mwaipaya is being held in custody, where he is or what happened to him after the reported interception in Kamulu.
Tanzania’s High Commissioner to Kenya, Bernard Kibesse, had earlier said the embassy was following up on reports of the disappearance but had not received an official account of the incident at the time.
The individuals behind the reported abduction have not been identified, and the available statements have not established whether state officers were involved.
Previous cases raise concern over safety of foreign activists
Mwaipaya’s disappearance has revived concerns over previous cases involving foreign activists and political figures who were reportedly seized or transferred from Kenyan territory.
In January 2025, Tanzanian human rights activist Maria Sarungi Tsehai was abducted in Nairobi and released later that day following public pressure and intervention by human rights organisations.
In November 2024, Ugandan opposition politician Kizza Besigye went missing while in Nairobi. Four days later, he appeared before a military court in Kampala, Uganda, where he faced charges including possession of a firearm and seeking military support abroad.
Besigye denied the charges. His transfer from Kenya to Uganda drew scrutiny from human rights organisations.
Kenya’s Foreign Affairs Principal Secretary Korir Sing’Oei said the government was investigating how Besigye was transferred to Uganda while denying Kenyan government involvement.
Another incident involved Tanzanian human rights defender Mshabaha Mshabaha Hamza, who was reportedly rescued by Kenyan police during an abduction attempt in February 2026. The Law Society of Kenya and Amnesty International Kenya said three suspects were arrested following the incident.
The two organisations described the incident as an apparent attempt to forcibly take Hamza to Tanzania and called for a full investigation.
KNCHR has warned that such incidents raise questions about Kenya’s obligations to protect people within its jurisdiction, irrespective of their nationality or immigration status.
The commission cited constitutional protections relating to the right to life, human dignity, freedom and security of the person, as well as safeguards for people arrested by authorities.
It also highlighted the principle of non-refoulement, which prohibits returning people to places where they face a real risk of persecution or other serious harm under applicable refugee and human rights protections.
Amnesty International has urged anyone with credible information about Mwaipaya’s whereabouts to contact the authorities immediately.
The immediate question now facing the court and Kenyan authorities is where Mwaipaya is and what steps are being taken to establish his fate.
