Kanja has been ordered to appear before the High Court to explain the whereabouts of missing Tanzanian activist Twaha Mwaipaya.
Justice Alexander Muteti issued the summons on Monday after raising concern that the State had not clearly accounted for Mwaipaya or established whether he had been removed from Kenya.
Also Read
Kanja ordered to appear in court
The judge said Inspector General of Police Douglas Kanja was best placed to explain whether police officers or other State agents had any role in Mwaipaya’s disappearance.
The court also wants clarification on whether the activist could have been taken back to Tanzania outside the normal legal process.
Kanja is expected to appear before the court on Tuesday, November 3.
Justice Muteti declined to separately summon DCI Director Mohamed Amin, saying the Inspector General has overall authority over police matters.
Activist missing for more than a week
Mwaipaya was reported missing on October 25 after allegedly being taken by unidentified people.
His disappearance prompted legal action by Vocal Africa seeking orders compelling authorities to account for his whereabouts and produce him before the court.
The State has maintained that Mwaipaya is not being held by either the Inspector General of Police or the Directorate of Criminal Investigations.
Lawyers question police response
Senior Counsel Martha Karua, representing Vocal Africa, argued that police had been informed about the disappearance early enough to begin immediate investigations.
She challenged the State’s explanation on when investigations began and questioned whether authorities had acted with sufficient urgency.
State Counsel Marwa opposed calls for both police chiefs to appear personally, telling the court that investigations were still ongoing.
Court seeks answers on possible removal
The High Court said the case raises serious questions about the liberty and treatment of a foreign national in Kenya.
The court also indicated that the Attorney General should assist in clarifying the State’s position, especially where the matter could affect Kenya’s international obligations and reputation.
Attention will now turn to Kanja’s appearance on Tuesday, when the court is expected to seek a clearer account of what authorities know about Mwaipaya’s disappearance.
