Lawsuit Alleges Governor Kihika Served as Assistant District Attorney in Texas

Nakuru County Governor Susan Kihika is embroiled in a legal battle that threatens her position, with a petition filed in the High Court challenging her eligibility for office based on allegations of dual citizenship and potential visa fraud. 

The suit, initiated by Naivasha resident Peter Kuria Mwaniki on April 14, casts doubt on Kihika’s compliance with Kenyan electoral law and constitutional requirements for state officers. The crux of Mwaniki’s argument lies in the claim that Kihika holds both Kenyan and US citizenship, a status that, under Article 78 of the Kenyan Constitution, would disqualify her from serving as governor unless she formally renounced her foreign nationality. 

Mwaniki points to Kihika’s previous employment as an Assistant District Attorney in Dallas County, Texas, as evidence of her US citizenship. Such positions, he argues, are typically reserved for American citizens, suggesting Kihika never relinquished her US citizenship prior to assuming office.

"The Court should take judicial notice that District Attorneys, the equivalent of prosecutors in our Kenyan context, are always citizens of those countries they serve,” the petition states. It further asserts that due to the sensitivity of the prosecutor's duties, citizenship is a global standard.

Mwaniki also contends that Kihika ignored a demand letter requesting clarification on her citizenship status, raising further questions about her transparency and suitability for public office. The petition broadens its scope by scrutinising Kihika’s recent four-month maternity leave in the United States, during which she gave birth to twins. Mwaniki alleges that Kihika may have travelled for "birth tourism" and potentially misrepresented her travel intentions on visa documentation. 

He contends that such actions could constitute visa fraud under US immigration laws, raising serious integrity concerns. Birth tourism, the practice of travelling to another country to give birth and secure citizenship for the child, has become a contentious issue globally. If proven, Mwaniki argues, Kihika's actions would reflect poorly on her adherence to ethical and legal standards, undermining her credibility as an elected leader.

Named as respondents in the case are Governor Kihika, the United Democratic Alliance (UDA) Party, and the Independent Electoral and Boundaries Commission (IEBC). The High Court has directed Mwaniki to formally serve the petition to the respondents, granting Kihika 14 days to respond to the allegations. The legal challenge occurs amidst growing political turmoil in Nakuru. Separately, resident Evans Kimori is spearheading an initiative to suspend the county government, citing a leadership vacuum. 

Kimori argues that governance in Nakuru has suffered due to leadership challenges and is collecting signatures to support his cause. Kimori has sought guidance from the IEBC regarding the legal procedures required for suspending a county government. Earlier this year, he also petitioned former US President Donald Trump to deport Kihika during her maternity leave.

Despite the legal and political challenges, Governor Kihika recently made her first public appearance following her return from the United States. She attended an agricultural event in Turi, Molo, where she launched the distribution of pyrethrum seedlings as part of an effort to revive the region’s once-thriving pyrethrum industry. Kihika reiterated her administration’s commitment to agricultural revitalisation, announcing plans to expand pyrethrum farming from the current 3,384 acres to 30,000 acres across eight sub-counties. 

She noted that her government had already distributed more than 51 million pyrethrum seedlings to approximately 9,000 farmers, covering an estimated 2,500 acres. Kihika also highlighted various developments her administration has undertaken, including improvements in maternal health and road infrastructure. She expressed optimism about future projects aimed at enhancing service delivery in Nakuru County.

Agriculture Cabinet Secretary Mutahi Kagwe announced a ban on 50 harmful pesticides at the event, citing their risks to human health. He further encouraged farmers to embrace the revival of pyrethrum farming as an economic opportunity. The fertiliser and seed distribution exercise was spearheaded by the Agriculture and Food Authority, with plans to extend similar support to neighbouring counties, including Nyandarua, Elgeyo Marakwet, and West Pokot.