Petition Filed to Oust Governor Mutahi Kahiga Over Alleged Hate Speech Remarks
Grassroot Social Movement, ‘Bunge La Mwannchi’, has filed a petition before the court seeking to have Nyeri Governor Mutahi Kahiga disqualified from public office on the basis of ethnic and inflammatory statements that are deemed to threaten Kenya’s social cohesion and national unity.
The petition, lodged by Bunge la Mwananchi members Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, calls for the suspension of Governor Kahiga from office pending the hearing and determination of the case. The petitioners explain that his continued stay in office provides him with room to continue propagating polarizing rhetoric.
“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 through which he can repeat and amplify the impugned inflammatory and divisive utterances,” the petitioners stated in court documents.
They also request the court to bar Kahiga from making any further ethnic or inflammatory statements, citing that his utterances were against the Constitution and might encourage ethnic hatred across the country.
According to the petition, the case follows statements that the governor allegedly made on October 17, 2024, during a public rally in Nyeri County. Speaking during the event, Kahiga made remarks in Kikuyu that appeared to mock the death of former Prime Minister Raila Odinga. The governor allegedly implied that Raila’s death was a divine favor to his political side.
The petition cites statements such as “All goodies were being directed there… but who is God, does he take Ugali at somebody’s house or sleep in Kayole?” – remarks the petitioners interpret as carrying derogatory and ethnically coded undertones targeting the Luo community, with “Kayole” allegedly used as a veiled reference.
They argue that Kahiga’s utterances constituted a dangerous “us versus them” script, tantamount to mockery, incitement, and hate speech against another ethnic group. The petition claims his remarks were way beyond political rhetoric and constitute a gross misconduct under the Constitution, Leadership and Integrity Act, and National Cohesion and Integration Act.
The petitioners accuse Kahiga of breaching Articles 10, 27, 28, 73, and 75 of the Constitution – provisions that ensure national unity, equality, human dignity, and integrity of public servants. They argue that his statements undermine public trust, foment division, and breach the oath of office he swore as a governor.
They also referred to Kenya’s tainted history of ethnic violence, warning that uncontrolled rhetoric by leaders has previously led to disastrous consequences, such as the violence in the 1990s and the 2007/2008 Post-Election Violence that claimed more than 1,000 lives.
The petitioners observe that Nakuru County, mentioned in Kahiga’s statement, was one of the flashpoints of earlier violence, referring to his statement as “pouring petrol on smouldering embers.”.
They are now asking the court to suspend Governor Kahiga from office, declare him unfit to hold public office for gross misconduct, and compel the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) to investigate and take appropriate action against him.
Ultimately, the petitioners pray for the court to remove Kahiga from office and award them costs of the suit, arguing that such accountability will be crucial to Kenya’s peace and cohesiveness.
