NYERI, Kenya — A petition has been filed in court seeking to have Nyeri Governor Mutahi Kahiga declared unfit to hold public office over allegations that he made inflammatory and ethnically charged remarks that undermine national cohesion.
The petitioners — Bunge la Mwananchi, Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi — are asking the court to issue interim orders suspending Governor 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 as governor. His continued presence in that office provides him with a platform through which he can repeat and amplify the impugned inflammatory and divisive utterances,” the petition states.
The group also seeks orders barring the governor from making further ethnic-based or inflammatory statements, arguing that his remarks violated the Constitution and could stoke ethnic tensions in the country.
According to court documents, the case stems from comments Governor Kahiga allegedly made on October 17, 2024, during a public function in Nyeri County.
The governor is said to have made remarks in Kikuyu — later translated into English — that appeared to mock the death of former Prime Minister, the late Raila Odinga, referred to as “Baba,” suggesting that his passing was a divine act benefiting Kahiga’s political faction.
The petition cites one of the governor’s alleged statements: “All goodies were being directed there… but who is God? Does He take ugali at somebody’s house or sleep in Kayole?” The petitioners argue that this remark carried derogatory undertones toward the Luo community, with “Kayole” allegedly used as a coded reference.
They claim the statement propagated an “us versus them” narrative, amounting to mockery, ethnic incitement, and discrimination, in violation of several constitutional provisions.
The petition accuses Kahiga of gross misconduct and hate speech, contrary to Article 10 on national unity, Articles 73 and 75 on leadership integrity, Article 27 on equality and non-discrimination, and Article 28 on human dignity.
It further argues that the governor’s utterances violated the Leadership and Integrity Act and the National Cohesion and Integration Act, which criminalize ethnic incitement and require public officers to uphold national unity.
“The statements promote divisiveness, undermine the rule of law, and breach the oath of office he took as governor,” the petitioners contend.
The petitioners also warn that Kahiga’s rhetoric could rekindle ethnic animosity, recalling Kenya’s violent history linked to hate speech by political leaders — including the 1990s ethnic clashes and the 2007–2008 Post-Election Violence, which left over 1,000 people dead.
They note that Nakuru County, which Kahiga allegedly mentioned in his remarks, was one of the flashpoints of past violence. “His words are akin to pouring petrol on smouldering embers,” the petition reads.
The petitioners are urging the court to:
- Suspend Governor Kahiga from office pending the determination of the case.
- Declare him unfit to hold public office for gross misconduct.
- Direct the EACC and DPP to investigate and take appropriate legal action.
- Award costs to the petitioners.
Governor Kahiga is yet to respond publicly to the allegations. The case adds to growing scrutiny of political speech in Kenya, where leaders are increasingly being called to account for remarks deemed to threaten peace, cohesion, and national unity.
