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 case has been brought before the court by Bunge la Mwananchi members Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, who are also seeking interim orders to suspend Governor Kahiga from performing his official duties pending the outcome of the case.
According to the petitioners, Governor Kahiga’s continued stay in office gives him a platform to repeat and amplify his alleged divisive remarks.
The petitioners also want the court to bar the governor from making any further ethnic-based or inflammatory statements, arguing that his remarks violated the Constitution and could fuel ethnic tensions across the country.
Remarks at the Centre of the Case
Court documents indicate that the case stems from statements allegedly made by Governor Kahiga on October 17, 2024, during a public event in Nyeri County.
In the remarks, delivered in Kikuyu and later translated into English, the governor allegedly made comments that appeared to mock the death of former Prime Minister Raila Odinga, popularly known as Baba, implying that his death would be a divine act favoring Kahiga’s political camp.
Violation of the Constitution
The petitioners claim the remarks were not mere political rhetoric, but rather 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.
They further allege that Governor Kahiga’s words breached several constitutional provisions, including:
- Article 10 – on national values and unity
- Articles 73 and 75 – on the integrity and conduct of state officers
- Article 27 – prohibiting discrimination
- Article 28 – protecting human dignity
According to the petitioners, the statements promote divisiveness, undermine the rule of law, and violate the governor’s oath of office.
Historical Context and Public Concern
The petitioners have also invoked Kenya’s history of ethnic violence, warning that such rhetoric by leaders has previously led to deadly outcomes, including the 1990s ethnic clashes and the 2007/2008 Post-Election Violence, which claimed over 1,000 lives.
They note that Nakuru County, which Governor Kahiga allegedly mentioned in his remarks, was one of the epicenters of past ethnic violence, describing his comments as “pouring petrol on smouldering embers.”
The group fears that if Governor Kahiga is not restrained or held accountable, his rhetoric could legitimize ethnic hostility and potentially trigger inter-communal conflict.
What the Petitioners Want
In their plea, the petitioners are asking the court to:
- Suspend Governor Kahiga from office pending the determination of the case.
- Declare him unfit to hold public office for gross misconduct.
- Compel the DPP and EACC to investigate and take legal action against him.
- Remove him from office if found guilty.
- Award costs to the petitioners.
The case underscores the growing calls for accountability and restraint among public officials, especially in light of Kenya’s sensitive ethnic and political landscape.
