Not in our custody: IG Kanja says police not holding missing Tanzanian activist

 

Douglas Kanja has denied that police arrested or abducted missing Tanzanian activist Twaha Mwaipaya, telling the High Court that he is not being held in any police station across the country. [Nancy Gitonga, Standard]

Inspector General of Police Douglas Kanja has denied that police arrested or abducted missing Tanzanian activist Twaha Mwaipaya, telling the High Court that he is not being held in any police station across the country.

Appearing before Milimani High Court Judge Alexander Muteti on Tuesday, Kanja said he had no information linking police officers to the activist's disappearance but confirmed that investigations were underway.

“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.

Pressed by the judge on whether he knew if Mwaipaya had been arrested by any police officer, Kanja responded: “My Lord, I am not aware he was arrested.”

The Inspector General was summoned to appear personally after two police officers were sent to represent him during the proceedings over the disappearance of the Tanzanian activist.

Justice Muteti questioned Kanja about allegations that police officers had arrested Mwaipaya and secretly removed him from Kenya before returning him to Tanzania.

“My Lord, as I have said before, 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,” Kanja said.

He confirmed that a report had been made by the activist's family on October 25,2026 at Ruai police station and that investigations were ongoing.

“My Lord, investigations are currently ongoing in respect to that report that was made, and I even have the investigating officer with me who is present in this court,” he said.

Asked whether the police had been sleeping on the job amid growing allegations of abductions, Kanja maintained that every reported criminal incident was investigated.

“My Lord, every report made to the police, in any police station, or to any police officer for that matter, these matters are ordinarily investigated to the logical conclusion, including this one,” he said.

He added: “We are still proceeding with our investigations to go to the bottom of the matter.”

The judge also sought to establish whether there was any government policy allowing security agencies to abduct people and make them disappear.

“Is there a public policy on the security agencies to abduct and make people disappear?” Justice Muteti asked.

“Not at all, my Lord,” Kanja responded.

Kanja further told the court that abduction was a criminal act and that the Directorate of Criminal Investigations had a special team handling such cases.

“My Lord, what we have with the DCI, we have a special team of investigators that investigates these kinds of offences every time they are reported,” he said.

Senior Counsel Martha Karua, representing the family and petitioners, questioned whether police officers who turn rogue could be investigated and prosecuted.

Kanja said any officer found to have participated in criminal activities would be 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.

He further admitted that investigators could not rule out the possibility of police officers being involved before investigations were concluded.

Asked whether he could rule out the involvement of his officers, Kanja responded: “It is possible.”

The case concerns Mwaipaya, a Tanzanian human rights defender and youth organiser associated with the opposition party Chama cha Demokrasia na Maendeleo (CHADEMA), whose whereabouts remain unknown.

The court is investigating allegations that he was abducted and possibly removed from Kenya unlawfully.

According to Mwaipaya’s family and friends, the Tanzanian activist was allegedly abducted on October 25 while travelling in a taxi in the Kamulu area on the outskirts of Nairobi.

They claim that armed men believed to be security officers intercepted the vehicle, forcibly seized Mwaipaya and whisked him away to an unknown destination.

A fellow Tanzanian activist who was reportedly travelling with him managed to escape.

His family maintains that he has neither been seen nor heard from since the incident, raising fears over his safety and allegations that he may have been secretly repatriated to Tanzania.