Court orders authorities to produce Twaha Mwaipaya, dead or alive

NAIROBI, Kenya, Oct 30 – The High Court has ordered security agencies to produce missing Tanzanian activist Twaha Mwaipaya, dead or alive, on Monday and explain the circumstances surrounding his arrest and detention following a petition by human rights organisation Vocal Africa. Justice Alexander Muteti issued the orders on Friday after certifying as urgent an application filed on October 27, 2026, seeking the activist’s production before the court. The court directed security agencies to produce Mwaipaya before it on November 2 at 11am, alongside his original detention warrant, and explain why he should not be released. The order states that the respondents must produce the activist “live or dead” and “show cause why the subject should not be immediately released from custody.” The court also summoned security chiefs to explain why Mwaipaya was arrested and detained and why he should not be released. The respondents and interested parties were directed to be served with the application and court order by close of business on Friday, with responses due by 9am on Monday. The matter will be mentioned before the court at 11am on November 2 for further directions and orders. Activist reportedly abducted in Kamulu The court action follows concerns raised by human rights organisations over Mwaipaya’s whereabouts after he was reportedly abducted in Kamulu, Machakos County, on October 25. Amnesty International Kenya and the Defenders Coalition said the Tanzanian activist was seized at around 2pm while travelling by taxi to visit friends. The organisations said those allegedly involved were travelling in three vehicles, including a Toyota Land Cruiser hardtop, and urged anyone with information to help establish his whereabouts. “Authorities must urgently establish his whereabouts and ensure his safety,” Amnesty International Kenya said. The Defenders Coalition also called for swift action to locate Mwaipaya and guarantee his protection. The circumstances surrounding the reported abduction, the identities of those involved and Mwaipaya’s current location had not been independently established in the information provided by the organisations. Forceful return to Tanzania Tanzanian activist Maria Sarungi, a critic of President Samia Suluhu Hassan who was abducted in Nairobi in January 2025 and later released, raised concerns that Mwaipaya could be forcibly returned to Tanzania. Sarungi alleged that Mwaipaya had fled to Kenya after being abducted and severely tortured by Tanzanian police. Her claims about his alleged past mistreatment and the latest incident had not been independently verified. “If Twaha is crossed to Tanzania they will kill him!” Sarungi said, calling for heightened vigilance at the border and using the hashtag #FreeTwahaMwaipaya. Her appeal has heightened concerns about the safety of Tanzanian government critics and human rights defenders operating in Kenya. Sarungi was reportedly abducted by armed men in Nairobi’s Kilimani area on January 12, 2025. She was released later that day and subsequently said she believed the Tanzanian government was behind her abduction. The High Court’s order requires the named respondents to account for Mwaipaya’s arrest and detention and to produce him before the court on Monday. The court also directed the respondents and interested parties to file and serve their responses, if any, by 9am on November 2. The matter is scheduled for further directions at 11am that day, as calls continue for authorities to establish Mwaipaya’s whereabouts and ensure his safety.