A political firestorm erupted Thursday after Martha Karua slammed the National Police Service (NPS) for defying a court order by summoning blogger and activist Ndiangui Kinyagia to record a statement.
The former Justice Minister and current People’s Liberation Party (PLP) leader accused the Inspector General and police spokesperson of openly disregarding the rule of law and interfering with an ongoing legal matter.
The controversial police move has ignited national debate, placing Ndiangui Kinyagia at the heart of a growing storm over abuse of police power and disregard for court orders.
Martha Karua Accuses Police of Undermining Judiciary
Karua minced no words as she condemned the July 3 statement by the National Police Service summoning Ndiangui to appear at the Directorate of Criminal Investigations (DCI) headquarters.
According to Karua, the police action violates basic legal norms and disrespects a court directive that had already taken up Ndiangui’s case.
“This is not even funny,” Karua said in her statement. “The matter is sub judice. You remain suspects until the court pronounces itself on the matter.”
The former presidential running mate urged police to channel any evidence they may have to the court through formal affidavits instead of running a parallel investigation.
“Whatever facts are in your possession should be directed to court by way of affidavits, as directed,” she said, warning the police against acting outside the law.
Karua’s statement came just hours after Police Spokesperson Muchiri Nyaga announced that Ndiangui was being summoned to the DCI as a person of interest in an ongoing probe.
Nyaga stated that despite earlier claims of abduction, Ndiangui had never been in police custody and that the police believed he faked his own disappearance—a crime under Kenyan law.
“The Service reiterates its earlier response that Ndiangui Kinyagia was not in police custody,” read part of the police statement. “We take great exception to the emerging trend where individuals feign abduction and provide false information to generate a misleading narrative.”
Bloggers and Civil Rights Defenders Rally Behind Ndiangui
Bloggers Association of Kenya (BAKE) issued a statement supporting Karua’s position and condemning what they termed the criminalisation of dissent.
“Ndiangui has a right to free speech and legal protection. If the matter is in court, the police must respect judicial authority,” said BAKE in a press release.
Online, the hashtag #HandsOffNdiangui trended for hours, with Kenyans accusing the police of attempting to silence a vocal critic through fear tactics.
Civil rights lawyer Maina Mwangi warned that the continued defiance of court orders by the police was a dangerous precedent.
“When the police begin ignoring court orders and issuing threats, we are entering authoritarian territory. It’s the job of the judiciary to resolve these matters, not the DCI,” Mwangi said during a TV interview.
Ndiangui, known for his political commentaries and exposés, went missing in late June, prompting widespread panic and allegations of enforced disappearance. Days later, he reappeared, claiming to have narrowly escaped abduction.
The police immediately denied involvement and have now turned the tables by calling him a suspect.
Legal Experts Warn IG Kanja of Contempt and Abuse of Power
Legal experts say the Inspector General of Police Japhet Koome and the NPS risk contempt charges for ignoring a live court case.
“The moment a court takes up a matter, all parties must refrain from unilateral action,” said constitutional lawyer Alice Kamunde. “Summoning Ndiangui before the case concludes could lead to contempt proceedings against the police leadership.”
She said IG Kanja and spokesperson Muchiri Nyaga should focus on presenting any new findings to the court instead of acting through media statements and public threats.
Karua also warned the police that continued disregard for the law would not go unchecked.
“We cannot run a country where the police think they are above the courts. If this behavior continues, we will have no rule of law left,” she said.
So far, there has been no clarification from the DCI or the Office of the Inspector General regarding whether the summons has been withdrawn. The Judiciary has also remained silent, even as pressure mounts for a firm stand on the matter.
With Ndiangui Kinyagia now caught between court proceedings and police pressure, his case has become a test of Kenya’s commitment to the Constitution. As Martha Karua put it, “You don’t get to pick which court orders to obey. That’s not democracy—that’s dictatorship.”
