Nyeri Governor Mutahi Kahiga faces petition over alleged hate speech

A petition has been lodged in court seeking to have embattled Nyeri Governor Mutahi Kahiga suspended and declared unfit to hold public office over alleged ethnic and inflammatory remarks said to threaten national unity and cohesion.

The suit, filed by Bunge la Mwananchi members Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi, accuses Governor Kahiga of making divisive utterances that, they claim, amount to hate speech and gross misconduct under the Constitution.

In the case filed before the Constitutional and Human Rights Division of the High Court, the petitioners want the court to issue interim orders suspending the governor from performing his duties until the case is heard and determined.

“The 1st respondent Hon. Mutahi Kahiga continues to hold powerful and influential office of 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 petition reads in part.

The group is also asking the court to bar Governor Kahiga from making further ethnic-based or inflammatory statements, arguing that his remarks violated the Constitution and risk fanning ethnic tension in the country.

According to court documents, the case stems from statements allegedly made by the governor on October 17, 2024, during a public function in Nyeri County, where he reportedly made comments in Kikuyu that were later translated into English and circulated online.

The remarks allegedly mocked the death of former Prime Minister Raila Odinga, popularly known as “Baba,” and suggested that his passing was an act of divine favor toward Kahiga’s political camp.

The petitioners cite a section of his alleged speech stating: “All goodies were being directed there… but who is God, does he take Ugali at somebody’s house or sleep in Kayole?”

They argue that such statements carried “derogatory and ethnic undertones” targeting the Luo community, claiming that the use of “Kayole” was a coded reference intended to demean and stereotype.

 “The utterances created an ‘us versus them’ narrative, suggesting a conspiracy to marginalize certain communities,” they state, adding that the remarks amounted to “mockery and incitement against another ethnic group.”

The petitioners contend that Governor Kahiga’s comments were not ordinary political banter, but “loaded with ethnic coding and incitement”, and therefore constituted hate speech, a violation of the Leadership and Integrity Act, the National Cohesion and Integration Act, and several constitutional provisions.

They cite alleged breaches of Article 10 on national values and unity, Articles 73 and 75 on integrity and conduct of state officers, Article 27 on equality and non-discrimination, and Article 28 on the protection of human dignity.

The petition notes that Kahiga’s alleged rhetoric “promotes divisiveness, undermines the rule of law, and violates the oath of office he took as governor.”

Further, the petitioners invoke Kenya’s history of ethnic and political violence, warning that such language by public officials has in the past led to deadly consequences.

They reference the 1990s ethnic clashes and the 2007/2008 Post-Election Violence, which left more than 1,000 people dead and hundreds of thousands displaced, arguing that such remarks by leaders “pour petrol on smouldering embers.”

“Nakuru County, which Kahiga allegedly mentioned in his remarks, was among the epicenters of past violence,” they say.

 “His words, therefore, are not harmless jokes but dangerous echoes of history.”

In their plea, the petitioners urge the court to act swiftly to prevent further damage to Kenya’s fragile ethnic relations.

“If the governor is not restrained and held accountable, his rhetoric could legitimize and escalate ethnic hostility, potentially leading to inter-communal conflict,” the petition warns.

In their prayers to the court, the petitioners are seeking several far-reaching orders against Governor Mutahi Kahiga.

They want the court to first suspend the governor from office pending the hearing and determination of the petition, arguing that allowing him to continue discharging his duties while facing serious allegations of hate speech and gross misconduct would undermine the integrity of public office.

The petitioners are also asking the court to declare Governor Kahiga unfit to hold public office, claiming that his alleged conduct amounts to a violation of the Constitution and the Leadership and Integrity Act.

 They maintain that his remarks were contrary to the values of national unity, respect, and integrity expected of state officers.

Further, they are urging the court to direct the Director of Public Prosecutions (DPP) and the Ethics and Anti-Corruption Commission (EACC) to launch investigations into the governor’s actions and take appropriate legal action against him. 

According to them, such intervention is necessary to ensure accountability and deter similar conduct by other leaders.

Lastly, the petitioners want the court to order the removal of Governor Kahiga from office should he be found culpable, and to award the costs of the case to the petitioners. 

They insist that decisive judicial action is required to reinforce the principle that public office is a position of trust that must be exercised with the highest standards of integrity and respect for all communities.

Governor Kahiga is yet to file a formal response to the petition. 

The case is pending directions.