Tanzanian activist Mwaipaya not in police custody; IG Kanja tells court

Appearing in person before the High Court, the IG told the court he was aware of the case before the court.

"My lord I'd wish to inform this court... we don't have the subject in our custody throughout the Republic of Kenya," Kanja told the court.

The police boss said he was not aware that Mwaipaya was at any stage arrested by police officers.

"My lord I'm aware that a report was made in Ruai Police Station of the subject matter," he said.

When asked about investigations, the IG said investigations are currently ongoing and informed the court that the Investigating Officer was present in court.

"The subject was at no time arrested by my officers since he's never been in our custody; he can't have been removed by the same," Kanja submitted.

Responding to allegations that police were sleeping on the job, the IG defended the service, saying every report made to the police at any police station and to any police officer is ordinarily investigated.

He denied claims of enforced disappearances by police.

"Not at all, we don't abduct and make people disappear," Kanja said.

"Any abduction is to be treated as an act of criminality," he added.

Justice Muteti had on 30th October 2026 ordered the police to produce Twaha Mwaipaya live or dead before the court on 2nd November 2026 together with the original detention warrant and show cause why he should not be immediately released.

The matter was mentioned on Monday, with the IG's appearance being part of compliance with the habeas corpus orders.

Mwaipaya was reported to have been abducted on October 25, 2026, in Kamulu, Machakos County, Kenya.