Petitioners want IG Kanja, DCI Amin in court to explain Tanzanian activist whereabouts

Vocal Africa, represented by Martha Karua, argued that although formal service of court orders was done on Friday, police were aware of the disappearance from Sunday when it was first reported.

"It is the business of the police and security agencies to secure the well-being of all Kenyans. Having been notified on Sunday, they would have done their best. The matter was reported widely in press reports. They can't say they began investigating on Friday," Karua submitted.

Karua told the court this is not the first case of disappearance and international abduction, noting that from December 2024 to 2025 they have been in court for similar cases where some subjects were found alive and others in the mortuary.

"Therefore, the security agencies ought to be on high alert and act in real time to set in motion investigations. They have no luxury of coming to court and saying they were served on Friday," she submitted.

She argued that the appearance of two junior officers sent to court was not sufficient, saying Kenyans, Tanzanians and Ugandans who are interested parties in the matter are asking serious questions that can only be answered by the two police bosses.

"We submit that the two officers' appearance is not enough. Kenyans are asking serious questions which can be answered by the DCI and the IG. We want the two bosses to appear personally before the court," Karua said.

She added that police were already in contempt of order number 2, which required production of the missing person.

"They are already in contempt of order number 2. We don't have Mwaipaya here or his body. Let them come before you and answer to Kenyans and Tanzanians and Ugandans," Karua submitted, adding that the State wants to take him back to the very country he escaped from.

But the Attorney General, through State Counsel Christopher Marwa, opposed the application, saying there was compliance with order number three and that investigations are active.

"I have read your order, and to order number three, I submit that there's compliance. They are pushing for the two bosses to appear before the court. We have told the court that the matter is actively being investigated. Give us an opportunity to file the findings of the investigations. If the court is not satisfied, then an application will be merited then," Marwa said.

Marwa further argued that the petitioners had abandoned the primary order, which is order number two on production of the missing person.

"They have abandoned the primary order for compliance, which is order number 2, the production of the missing person," he said.

Justice Alexander Muteti is expected to give directions on whether IG Kanja and DCI boss Amin will be summoned to appear in person.