The High Court in Nairobi has ordered police and other government agencies to produce Twaha Mwaipaya, either alive or dead, before court on November 2, as pressure mounts over his whereabouts.
Justice Alexander Muteti issued the orders on Friday, October 30, after hearing an urgent application filed by Vocal Africa on behalf of Mwaipaya against the State Law Office, the Inspector General of Police and 13 others.
The case, filed at the Milimani High Court under number HCCRMISCAPPL/E262/2026, seeks answers over Mwaipaya's whereabouts and the circumstances surrounding his alleged arrest and detention.
In the orders, Justice Muteti directed the first, second and third respondents to produce Mwaipaya before the court, either personally or through their duly appointed officers.
The court further directed the respondents to present the original detention warrant and explain why Mwaipaya should not be released from custody immediately.
The judge stated that the respondents must account for the whereabouts of the subject, whether alive or dead, in compliance with the court's directions.
"That the 1st, 2nd and 3rd respondents are hereby ordered either by themselves or through their duly appointed officers to produce the person or body of TWAHA MWAIPAYA live or dead before this court," the order stated.
The court also summoned the fifth and sixth respondents to appear personally or through their duly appointed legal representatives to explain the circumstances surrounding Mwaipaya's arrest and detention.
The court also directed them to show cause why he should not be immediately released from custody.
The orders place the responsibility on the respondents to account for Mwaipaya's whereabouts and explain his alleged detention.
Justice Muteti certified the application dated October 27 as urgent, paving the way for the matter to be handled on a priority basis.
The court directed that all respondents and interested parties be served with the application and the orders before the close of business on Friday.
They have also been given until 9 am on Monday, November 2, 2026, to file and serve their responses to the application, if any.
The matter will subsequently be mentioned before Justice Muteti at 11 am on November 2 for further directions and orders.
The ruling marks a significant step in the legal efforts to establish Mwaipaya's whereabouts, with the court requiring the relevant government agencies to account for his custody.
The application was brought by Vocal Africa, an organisation that has taken up the matter on behalf of Mwaipaya.
The court's intervention comes amid concerns over alleged abductions and unlawful detentions, with human rights organisations increasingly seeking judicial intervention to compel state agencies to account for individuals reported missing.
However, the court has not made a final determination on the circumstances of Mwaipaya's disappearance or the legality of any alleged arrest. The respondents are expected to respond to the allegations when the matter comes up for further directions.
The court document references November 2, 2023, in the paragraph directing the production of Mwaipaya, although the proceedings and subsequent deadlines are dated November 2, 2026. The discrepancy is apparent in the issued order.
The case will return to the Milimani High Court on Monday, November 2, when the respondents are expected to address the court's directives.