Petition Seeks to Declare Nyeri Governor Mutahi Kahiga Unfit for Office
They cite that Kahiga’s reference to Nakuru County an historical hotbed of inter-ethnic conflict amounts to “pouring petrol on smouldering embers.”.
In his speech, he purportedly employed statements in Kikuyu — which were subsequently translated into English — that were perceived to ridicule the late ex-Prime Minister Raila Odinga, alias "Baba." Photo/courtesy.
By Ruth Sang
A court petition has been lodged seeking the court’s declaration that Nyeri Governor Mutahi Kahiga is unfit for any public office. The petition was presented following claims that the county boss made inflammatory and ethnically charged remarks that jeopardize the peace, national harmony, and cohesion of Kenya.
The case has been instituted by Bunge la Mwananchi members Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, who wish the court to issue interim orders suspending Governor Kahiga from performing his functions until hearing of the case. They argue that as long as the governor remains in power, he continues to possess a vast platform on which he may repeat or emphasize his inciting utterances.
“His 1st respondent Hon. Mutahi Kahiga occupies a very influential and powerful position. His continued occupation of the position gives him a platform on which he can continue to distribute inflammatory and divisive statements,” the petitioners stated.
The group also demands that the governor be prevented from making any further ethnic or inflammatory statements, maintaining that his earlier statements have violated the Constitution and the potential of causing ethnic tensions.
Court records indicate that the suit follows purportedly made statements by Governor Kahiga on October 17, 2024, in Nyeri County while delivering a public speech. In his speech, he purportedly employed statements in Kikuyu — which were subsequently translated into English — that were perceived to ridicule the late ex-Prime Minister Raila Odinga, alias “Baba.” The governor purportedly hinted that Odinga’s passing was a divine intervention in favor of Kahiga’s political camp.
Petitioners argued that Kahiga’s statements such as “All goodies were being channeled there… but who is God, does he take Ugali at somebody’s residence or sleep in Kayole?” contained ethnic undertones against the Luo community where “Kayole” was a code. They argued that the statements aimed at establishing a line of demarcation between communities and promoting an “us versus them” mentality.
Under the petition, the words were not run-of-the-mill political platitudes but were tempered with ethnic undertones and provocation and constituted hate speech and gross misconduct in the eyes of Kenyan law. The petitioners contended that the governor violated core constitutional provisions, including Articles 10, 27, 28, 73, and 75, that guarantee unity, equality, integrity, and ethical behavior of public officials.
They also caution that such leadership rhetoric could re-ignite earlier ethnic animosities, referencing Kenya’s own history of ethnically driven violence in the 1990s and the 2007/2008 Post-Election Violence. They cite that Kahiga’s reference to Nakuru County — an historical hotbed of inter-ethnic conflicts — amounts to “pouring petrol on smouldering embers.”.
The petitioners have therefore prayed the court to suspend Governor Kahiga pending determination of the case, declare him unsuitable for holding public office for gross misconduct, and direct both the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) to investigate him. They are further praying for his removal from office and compensation for the cost incurred in bringing the petition.
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