KNCHR warns against cross-border abductions after Tanzanian activist disappears in Machakos

The Kenya National Commission on Human Rights (KNCHR) has warned against the use of Kenyan territory for cross-border abductions and unlawful transfers, following the reported disappearance of Tanzanian activist Twaha Salim Mwaipaya in Machakos County.

The commission said the incident raised concerns about the safety of political exiles, refugees and asylum seekers in Kenya, urging the government to establish Mwaipaya's whereabouts and investigate the circumstances surrounding his disappearance.

In a statement dated October 29, 2026, KNCHR Chairperson Claris Ogangah said Mwaipaya was reportedly abducted on Sunday, October 25, while travelling in a taxi to visit friends in Kamulu.

According to information received by the commission, unidentified individuals intercepted the taxi at about 2pm, forcibly removed him and drove away with him in a convoy of three vehicles. His whereabouts remain unknown.

Mwaipaya reportedly fled Tanzania for Kenya in 2025, fearing for his life and personal safety.

The commission expressed concern that the reported abduction could be part of a pattern of enforced disappearances and alleged unlawful cross-border transfers involving foreign nationals in Kenya.

“Such incidents raise grave questions regarding the protection of persons at risk, respect for the rule of law, and Kenya's compliance with its constitutional and international human rights obligations,” KNCHR said.

The commission cited previous incidents involving Tanzanian nationals Maria Tsehai Sarungi and Mshabaha Hamza, who were reportedly abducted at gunpoint in Nairobi.

It also referred to the repatriation of four Turkish refugees by the Kenyan government, which was publicly acknowledged by the Principal Secretary in the Ministry of Foreign and Diaspora Affairs in October 2024.

Ugandan opposition politician Dr Kizza Besigye was similarly reported to have been abducted in Nairobi and forcibly transferred to Uganda in November 2024.

KNCHR said the reported incidents threatened Kenya's longstanding reputation as a place of safety for people fleeing political persecution and threats to their lives.

The commission reminded the government that the Constitution requires the protection of the rights of every person within Kenya's jurisdiction, irrespective of nationality or immigration status.

It cited Articles 26, 28, 29 and 49 of the Constitution, which provide for the right to life, human dignity, freedom and security of the person, and the rights of arrested persons.

KNCHR said authorities had an obligation to conduct prompt, independent and effective investigations into suspected enforced disappearances, establish the fate and whereabouts of missing persons and ensure accountability for any violations.

The commission also emphasised Kenya's obligations under international refugee and human rights law, including the principle of non-refoulement.

The principle prohibits the return or transfer of individuals to countries where they face persecution, torture or other serious human rights violations.

“No person should be subjected to an unlawful transfer, rendition or return that exposes them to persecution, torture or other serious human rights violations,” the commission said.

KNCHR called on the government to take urgent measures to locate Mwaipaya, guarantee his safety and investigate those responsible for his disappearance.

It further urged authorities to ensure that Kenya was not used as a venue for transnational repression, enforced disappearances or extrajudicial transfers.

The commission said it would continue monitoring the matter and called on anyone with information about Mwaipaya's reported abduction to come forward.

Information can be shared with KNCHR through email at haki@knchr.org, SMS on 22359, WhatsApp on 0798 849 871 or the toll-free number 0800 720 627.