Civil society group Bunge La Mwananchi and three activists have filed a petition seeking the immediate suspension of Nyeri Governor Mutahi Kahiga, accusing him of making ethnically divisive and inflammatory remarks in violation of the Constitution.
In the petition filed before the High Court in Nairobi, the group alongside Lawrence Oyugi, Komrade Bush, and Nicholas Kimanzi argue that Governor Kahiga’s utterances at a public function in Nyeri in October 2024 amounted to hate speech and a breach of his oath of office.
Through a certificate of urgency, the petitioners claim that Kahiga’s comments, delivered in the Kikuyu language, were loaded with ethnic innuendo and mocked the late opposition leader Raila Odinga, remarks they say have since ignited “tense and hostile public discourse” across the country.
The petitioners contend that the statements created an “us-versus-them” narrative, suggesting certain ethnic communities were being sidelined, and that Kahiga’s reference to “Kayole” a neighbourhood associated with the Luo community was derogatory and discriminatory.
They further accuse the governor of weaponizing a national tragedy for political advantage, saying his remarks following Odinga’s death amounted to a callous attempt to deepen ethnic divisions.
“The continued presence of the 1st Respondent in office provides him with a platform to repeat and amplify the impugned inflammatory utterances, thereby exacerbating the existing threat to public order and ethnic cohesion,” the petition reads in part.
The activists want the court to issue interim orders suspending Kahiga from office pending determination of the case, and to restrain him from making any further public statements deemed inflammatory or ethnically divisive.
They also seek a declaration that the governor’s remarks constitute a gross violation of Articles 10, 27, 28, 73, and 75 of the Constitution which outline national values, equality, human dignity, and integrity in leadership.
Additionally, the petitioners have sued Attorney General and the National Cohesion and Integration Commission (NCIC), accusing them of failing to act decisively against Kahiga despite his public statements.
They now want the court to compel the two offices to investigate and institute proceedings against the governor, and to ultimately declare him unfit to hold public office.
The petitioners warn that unchecked inflammatory rhetoric could again trigger unrest, particularly in politically sensitive regions like Nakuru County.
“The 1st Respondent’s statements, made in this volatile context, are akin to pouring petrol on smouldering embers,” the petition states.
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