Vocal Africa wants police, NIS chiefs summoned over missing Tanzanian activist

In an urgent habeas corpus application, the organisation wants the court to compel security agencies to produce Mwaipaya within 24 hours and disclose the circumstances surrounding his alleged detention.

According to court documents, Mwaipaya was reportedly seized at around 1pm at Kanisani stage in Kamulu by unidentified armed men travelling in a black double-cabin pickup.

The men, who were allegedly wearing balaclavas and dark glasses, are said to have intercepted the activist before taking him to an unknown location.

A friend who was accompanying Mwaipaya reportedly managed to escape and witnessed the incident.

"If you see a black double cabin pick-up trailing you … run!" the application quotes the witness as warning.

The application, supported by an affidavit sworn by human rights advocate Hussein Khalid, states that Mwaipaya has not been seen or heard from since the incident.

Vocal Africa says efforts to establish his whereabouts have been unsuccessful, despite a missing person report being filed at Ruai Police Station under Occurrence Book number 47/25/10/2026.

The organisation claims neither Mwaipaya's family nor his lawyers have received information about his condition, the reasons for his alleged detention or the identity of those holding him.

It now wants Inspector-General of Police Douglas Kanja and National Intelligence Service (NIS) Director-General Noordin Haji summoned to court to explain the activist's whereabouts.

The applicants are seeking orders compelling the respondents to produce Mwaipaya before the High Court or the Milimani High Court Criminal Duty Court within 24 hours, together with any warrant or court order authorising his detention.

They also want the court to order his unconditional release upon production, pending the institution of any criminal charges against him.

Vocal Africa is further seeking conservatory orders restraining the respondents from arresting or detaining Mwaipaya over any alleged criminal offence without the court's permission, pending the hearing and determination of the application.

In a bid to establish what happened, the organisation wants authorities compelled to preserve and produce CCTV footage, automatic number plate recognition records, toll records, mobile network data and vehicle tracking information relating to the Nairobi-Mombasa Highway around Kamulu.

The application also seeks the preservation of border movement records, amid fears that the activist could have been transported out of the country.

According to the applicants, the records could help trace the vehicle allegedly used in the incident and identify those responsible.

They are also asking the court to direct relevant authorities to conduct independent investigations into the disappearance and submit comprehensive reports within 14 days.

Vocal Africa describes Mwaipaya as an outspoken critic of the Tanzanian government with a significant following on social media.

The organisation fears that he could be forcibly transferred to Tanzania, where it claims he would face the risk of torture, detention without communication or other human rights violations.

In support of its concerns, the organisation cites the reported disappearances of Macmillan Kiarie, Evans Otieno, Michael Oloo and Abdulaziz Duba, arguing that the circumstances bear similarities to Mwaipaya's alleged abduction.

The applicants also reference the November 2024 abduction of Ugandan opposition figure Dr Kizza Besigye in Nairobi, raising concerns about the possibility of cross-border transfers of political dissidents.

They argue that the continued uncertainty surrounding Mwaipaya's whereabouts places his life and safety at risk and warrants urgent judicial intervention.

According to the organisation, the alleged disappearance violates constitutional protections relating to personal liberty, freedom from arbitrary detention and protection against torture and cruel, inhuman or degrading treatment.

The applicants want the matter certified urgent and initially heard without the respondents being present, arguing that immediate intervention is necessary to safeguard the activist's rights.

The allegations surrounding Mwaipaya's disappearance have not been independently established, and the court is yet to determine the application.