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 allegations that he made ethnic and inflammatory remarks deemed to undermine national unity and cohesion.
The petition, filed by Bunge la Mwananchi alongside Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, accuses the governor of making divisive utterances during a public function in Nyeri County on October 17, 2024. The petitioners are asking the court to issue interim orders suspending Kahiga from performing his duties pending the determination of the case.
“The 1st respondent Hon. Mutahi Kahiga continues to hold a powerful and influential office; his continued presence in that office provides him with a platform from which he can repeat and amplify the impugned inflammatory and divisive utterances,” the petitioners argue in their filing.
According to the documents, Governor Kahiga allegedly made comments in Kikuyu, later translated into English, that mocked the death of former Prime Minister Raila Odinga popularly known as “Baba” implying that his passing was an act of God in favor of Kahiga’s political side.
The petition cites remarks such as, “All goodies were being directed there… but who is God, does he take Ugali at somebody’s house or sleep in Kayole?” which the petitioners claim carried derogatory and ethnic undertones targeting the Luo community, using “Kayole” as a coded reference.
They argue that the governor’s statements went beyond political rhetoric and amounted to hate speech and gross misconduct under the Constitution, the Leadership and Integrity Act, and the National Cohesion and Integration Act. The petitioners contend that the remarks violated key constitutional provisions, including Articles 10, 27, 28, 73, and 75, which touch on national values, integrity, equality, and dignity.
The petitioners warn that Kahiga’s words could inflame ethnic tensions reminiscent of Kenya’s violent past, including the 1990s clashes and the 2007/2008 post-election violence. They note that Nakuru County referenced in the governor’s remarks was among the regions most affected by previous inter-communal conflicts, describing his comments as “pouring petrol on smouldering embers.”
They are urging the court to bar the governor from making further inflammatory or ethnic-based statements, compel the EACC and DPP to investigate him, and ultimately declare him unfit to hold any public office.
If upheld, the case could see Governor Kahiga suspended and removed from office over what the petitioners describe as remarks that undermine Kenya’s fragile national unity
