Governor Kihika Faces Legal Challenge Over Dual Citizenship

Nakuru Governor Susan Kihika's eligibility to hold office is under scrutiny as a constitutional legal battle unfolds in the High Court. 

Peter Kuria Mwaniki, the petitioner, is seeking her removal, alleging that Kihika's purported dual citizenship violates the Kenyan Constitution. The lawsuit, filed with urgency, comes amid rising public dissatisfaction with Kihika's administration and questions surrounding her extended absence from the county. Mwaniki asserts that Kihika's alleged possession of both Kenyan and American citizenship renders her unfit to serve as governor. 

Citing Article 78(2) of the Kenyan Constitution, the petition argues that individuals holding dual citizenship are ineligible for state office unless they have renounced their foreign citizenship. Mwaniki contends that Kihika failed to meet this requirement before contesting the 2022 gubernatorial election. The petitioner further argues that Kihika's prior employment as an Assistant District Attorney in Dallas County, Texas, definitively proves her American citizenship. 

According to Mwaniki, such positions are exclusively reserved for US citizens under Texas law, a standard he claims is universally applied to similar prosecutorial roles due to their sensitive nature. In his affidavit, Mwaniki claims that he requested documentation from the governor to prove she had renounced her American citizenship, but she declined to respond. He argues that her silence constitutes a breach of public trust and a violation of Chapter Six of the Constitution, which deals with leadership and integrity. 

Mwaniki seeks an urgent declaration from the court that Kihika's election was null and void. He also requests an order for her immediate removal from office, with her deputy, David Kones, assuming the governor's role. The lawsuit names Kihika, the United Democratic Alliance (UDA) party, and the Independent Electoral and Boundaries Commission (IEBC) as respondents. The petition accuses the IEBC of failing in its constitutional mandate to vet candidates under Article 88, describing their actions as a "serious dereliction of duty" that has undermined electoral integrity. 

Mwaniki argues that this oversight strikes at the heart of democracy and risks compromising the credibility of future elections. Mwaniki argues that the issue transcends technical qualifications and delves into the essence of public trust. He warns that failure to address the matter could set a dangerous precedent for future elections, emphasising that the matter is of national importance as the country approaches the 2027 General Election. 

The legal challenge coincides with rising public dissatisfaction with Governor Kihika, fueled by her prolonged absence from the county and criticisms of her administration's performance. During her stay in the United States, Nakuru County saw waves of protests and petitions questioning her leadership and whereabouts. One such petition, signed by over 2,000 residents, was submitted to the County Assembly, demanding an explanation for her extended absence. 

Kihika's return has done little to quell public criticism, particularly as her administration faces mounting scrutiny over the state of the county's healthcare system. The recent death of Elizabeth Wairimu, a young mother who passed away shortly after delivering at the Margaret Kenyatta Mother and Baby Unit, has further intensified public outrage. The family of the deceased has accused the hospital of negligence, amplifying calls for accountability in the county government.

Mwaniki's petition seeks several remedies, including a court declaration that Kihika is ineligible to serve as governor, an order for her immediate removal, and a directive compelling the IEBC to implement stricter vetting procedures for future elections. He also demands a declaration that her nomination and election were unconstitutional, nullifying the 2022 gubernatorial results in Nakuru County.