Government Faults Judiciary for Overreach Over Ndiang’ui Disappearance

The government has issued a detailed statement regarding the disappearance and reappearance of activist Ndiang’ui, refuting abduction claims.

It further and criticizes what it terms as judicial overreach in the handling of the matter.

According to the statement, the Directorate of Criminal Investigations (DCI) and the National Police Service (NPS) were wrongly accused of abducting the activist, despite having no custody or knowledge of his whereabouts.

Ndiang’ui reportedly reappeared after more than 10 days of what is now described as “sensational hibernation,” with authorities learning of his return through his family and legal counsel.

Government sources maintain that the police could not be expected to produce an individual they did not have in custody, stating, “You can only produce what you have.”

The brief further criticizes Justice Chacha Mwita, who handled the habeas corpus application, for making pronouncements that were seen as prejudicial against the police and DCI.

It states that the Judge’s conduct portrayed a lack of trust in law enforcement and contributed to the public perception that the police were complicit in the activist’s disappearance.

Justice Mwita had also ordered that Ndiang’ui not be arrested or summoned by the police – a decision the government views as a case of judicial interference in ongoing investigations.

Ndiang’ui is said to be a person of interest in two areas: content published prior to his disappearance and ongoing investigations into the planning of protests held on June 25, 2025.

The government notes that such judicial interventions risk creating “governance paralysis,” cautioning that courts should not operate in isolation from the executive arm of government.

It calls for judicial restraint and a reconsideration of the courts’ role in the wider governance ecosystem.

The statement also cites broader concerns over court rulings that have affected other government programmes and appointments, including the state of confusion at the Independent Electoral and Boundaries Commission (IEBC).

In conclusion, the government has urged the Judiciary to reflect on its current trajectory and reposition itself as a partner in governance rather than a perceived obstacle.

The statement adds that matters of national security should not be turned into “mischievous political drama,” and that all institutions must work collaboratively to uphold law and order.