A petition has been filed in court seeking to have Nyeri Governor Mutahi Kahiga declared unfit to hold public office, following allegations that he made ethnic and inflammatory remarks that threaten national unity and cohesion.
The petitioners ,Bunge la Mwananchi, Lawrence Oyugi,Komeade Bush and Nicholas Kimanzi want the Court to issue interim orders suspending Governor Kahiga from performing the functions of his office pending the determination of the case.
“The 1st respondent Hon Mutahi Kahiga continues to hold powerful and influential office if govonor ,his continued presence in that office provides him with a platform which he can repeat and amplify the impugned inflammatory and divisive uttereences,” they argue
They also want the governor barred from making further ethnic-based or inflammatory statements, arguing that his utterances have violated the Constitution and could fuel ethnic tensions.
According to the court documents, the case arises from statements allegedly made by Governor Kahiga on October 17, 2024, during a public function in Nyeri County.
In the remarks, the governor is said to have made comments in Kikuyu later translated into English that appeared to mock the death of former Prime Minister Raila Odinga, referred to as “Baba,” and implied that his passing was a divine act in favor of Kahiga’s political side.
The petitioners argue that Kahiga’s statements such as “All goodies were being directed there… but who is God, does he take Ugali at somebody’s house or sleep in Kayole?” carried derogatory and ethnic undertones targeting the Luo community, using “Kayole” as a coded reference.
They claim that the utterances created an “us versus them” narrative, suggesting a conspiracy to marginalize Kahiga’s community, and amounted to mockery and incitement against another ethnic group.
The petition further states that the governor’s comments were not mere political rhetoric, but loaded with ethnic coding and incitement, amounting to hate speech and gross misconduct under the Constitution, the Leadership and Integrity Act, and the National Cohesion and Integration Act.
The petitioners allege that Kahiga’s remarks breached several constitutional provisions, including Article 10 on national values and unity; Articles 73 and 75 on integrity and conduct of state officers; Article 27 prohibiting discrimination; and Article 28 protecting human dignity.
They argue that the statements promote divisiveness, undermine the rule of law, and violate the oath of office he took as governor.
The petitioners have also invoked Kenya’s history of ethnic violence, warning that similar rhetoric by leaders in the past has led to deadly outcomes, including the 1990s clashes and the 2007/2008 Post-Election Violence, which claimed over 1,000 lives.
They note that Nakuru County, which Kahiga allegedly mentioned in his remarks, was among the epicenters of past violence, saying his words were akin to “pouring petrol on smouldering embers.”
They fear that if the governor is not restrained and held accountable, his rhetoric could legitimize and escalate ethnic hostility, potentially leading to inter-communal conflict.
The petitioners are asking the court to suspend Governor Kahiga from office pending the case outcome, declare him unfit to hold public office for gross misconduct, compel the DPP and EACC to investigate and take legal action against him, and ultimately remove him from office and award costs to the petitioners.
