A petition has been filed at the High Court seeking to have Nyeri Governor Mutahi Kahiga suspended and declared unfit to hold public office over claims that he made inflammatory and ethnically charged remarks undermining national unity and cohesion.
The case, filed by Bunge la Mwananchi together with activists Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, accuses the governor of uttering divisive statements during a public event in Nyeri County on October 17, 2024.
In their filing, the petitioners are asking the court to issue interim orders barring Governor Kahiga from executing his duties pending the determination of the case.
“The 1st respondent, Hon. Mutahi Kahiga, continues to hold a powerful and influential office… his continued stay there provides him a platform to repeat and amplify the same inflammatory utterances,” the petitioners argued.
Court documents alleged that Kahiga made comments in Kikuyu, later translated into English, that mocked the death of former Prime Minister Raila Odinga, suggesting his passing was an act of divine favor for Kahiga’s political side.
The petition quotes the governor as saying, “All goodies were being directed there… But who is God? Does he take ugali at someone’s house or sleep in Kayole?” remarks the petitioners claim carried derogatory undertones targeting the Luo community, with “Kayole” allegedly used as a coded reference.
According to the petitioners, the statements amount to hate speech and gross misconduct, contravening the Constitution, the Leadership and Integrity Act, and the National Cohesion and Integration Act. They argue the remarks breached key constitutional values, including those under Articles 10, 27, 28, 73, and 75, which emphasize integrity, equality, and respect for human dignity.
The petition warns that such utterances could fuel ethnic animosity reminiscent of Kenya’s violent past, including the 1990s ethnic clashes and the 2007/2008 post-election violence. It further notes that Nakuru County, mentioned in Kahiga’s comments, was among the regions hardest hit by previous inter-communal conflicts, describing his words as “pouring petrol on smouldering embers.”
The petitioners are urging the court to restrain the governor from issuing further divisive statements, coerce the EACC and DPP to investigate him, and ultimately declare him unfit to hold public office.
If successful, the case could see Governor Kahiga suspended or removed from office over what the petitioners term as conduct detrimental to Kenya’s fragile national cohesion.
