A legal battle has begun as a petition was lodged in court demanding that Nyeri Governor Mutahi Kahiga be declared unfit to serve in public office due to allegations of making divisive and ethnic remarks that threaten the fabric of national unity.
The petitioners, comprising Bunge la Mwananchi and individuals Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, have urged the Court to issue an order suspending Governor Kahiga from carrying out his duties until the case is resolved. The petitioners argue that Kahiga’s continued hold on office would allow him to perpetuate further inflammatory statements, undermining national cohesion.
“The 1st respondent Hon Mutahi Kahiga continues to hold powerful and influential office if governor, his continued presence in that office provides him with a platform which he can repeat and amplify the impugned inflammatory and divisive utterances,” the petitioners stated in their filings.
At the center of the case are controversial remarks made by Governor Kahiga during an event in Nyeri County on October 17, 2024. The governor, in a public speech delivered in Kikuyu and later translated to English, reportedly mocked the passing of former Prime Minister Raila Odinga, often referred to as “Baba.”
Kahiga is alleged to have implied that Odinga’s death was a divine act that benefitted his political side. The petitioners point to his remarks, including “All goodies were being directed there… but who is God, does he take Ugali at somebody’s house or sleep in Kayole?”—a statement they argue carries derogatory ethnic undertones, especially targeting the Luo community through the reference to “Kayole.”
The petitioners contend that such comments created an “us versus them” mentality, suggesting a deliberate effort to undermine the Luo community while portraying Kahiga’s group as the rightful beneficiaries.
They argue that the remarks went beyond simple political discourse and instead amounted to hate speech, violating the country’s Constitution, particularly sections protecting national unity and the dignity of all citizens.
The petition further claims that the governor’s comments breached the Constitution's stipulations on leadership and integrity, including Articles 10, 27, 28, 73, and 75.
The petitioners also warn that the kind of rhetoric espoused by Kahiga could have dangerous consequences, particularly in light of Kenya's history of ethnic violence.
They reference past episodes of unrest, such as the 1990s ethnic clashes and the 2007/2008 post-election violence, which led to thousands of deaths. Nakuru County, a region mentioned in the governor’s remarks, was one of the most affected areas during these periods of turmoil, leading petitioners to express concerns that his words could stir up old divisions.
The petitioners are calling for the court to suspend Kahiga from his position as governor until the matter is settled, citing the risk of further incitement.
They are also asking the court to investigate his actions under the Leadership and Integrity Act, the National Cohesion and Integration Act, and the Constitution, which safeguards against hate speech and divisive behavior. In addition, they seek his removal from office and a ruling that would prevent him from making further ethnic-based or inflammatory statements.
