Petitioners take Governor Kahiga to court over remarks on Raila's death

Nyeri Governor Mutahi Kahiga during a consultative meeting with a team from Water Services Regulatory Board (WASREB), February 11, 2025. /MUTAHI KAHIGA/X

A group of petitioners has moved to court seeking the suspension of Nyeri Governor Mutahi Kahiga over remarks he allegedly made following the death of former Prime Minister Raila Odinga, which they claim were divisive and ethnically charged.

The case, filed before the High Court in Nairobi on Tuesday, October 28, 2025, lists Bunge la Mwananchi, Lawrence Oyugi, Komrade Bush, and Nicholas Kimanzi as the petitioners.

The respondents are Governor Kahiga, the Attorney-General, and the National Cohesion and Integration Commission (NCIC).

In their petition, the group argues that Governor Kahiga’s statements, made during a public function in Nyeri on October 17, 2025, violated several constitutional provisions.

The petitioners say the remarks undermined national unity and the values of equality and human dignity.

"The petition raises grave issues concerning the violation of the Constitution, which strikes at the very heart of national unity and the rule of law," reads part of the petition.

The petition quotes sections of the speech, which it claims were made in the Kikuyu language and later translated into English.

They alleged the remarks suggested that development projects in parts of the country were politically motivated.

The petitioners further contend that parts of the statement appeared to ridicule Raila’s death, interpreting it as a form of divine intervention benefiting the governor’s political side.

According to the court filings, the petitioners believe the words, taken in context, risk promoting ethnic hostility.

They argue that the statements violated the National Cohesion and Integration Act and the Leadership and Integrity Act, which require state officers to act impartially and promote unity.

“The nature of the 1st Respondent’s (Kahiga) statements has already ignited tense and hostile public discourse along ethnic lines, creating a palpable sense of fear and anxiety among Kenyans,” the petition reads in part.

The petitioners claim the governor’s continued stay in office gives him a powerful platform from which he could repeat or amplify the remarks. 

"The 1st Respondent, Mutahi Kahiga, continues to hold the powerful and influential office of Governor of Nyeri County. His continued presence in that office provides him with a platform from which he can repeat and amplify the impugned inflammatory and divisive utterances, thereby exacerbating the existing threat to public order and ethnic cohesion," reads part of their petition.

They are asking the court to issue interim orders suspending Governor Kahiga from office pending the determination of the petition.

They are also seeking an order restraining him from making any further statements that could be perceived as ethnic-based or inflammatory.

Among the final orders sought is a declaration that Governor Kahiga’s alleged utterances amount to gross misconduct, rendering him unfit to hold public office.

The petition also asks the court to compel the Attorney-General and the NCIC to take appropriate action in line with their constitutional mandates.

The petitioners cite Kenya’s history of politically charged ethnic tensions, including the 1990s and 2007–2008 post-election violence, warning that divisive speech by leaders has in the past triggered unrest and loss of lives.

The case, under a certificate of urgency, is expected to be mentioned for directions.

The governor has since issued an apology following the viral clip to Odinga’s family, ODM, the Luo Nation, Kenyans, and political leaders, clarifying that his comments were not celebratory but made during a burial in his home village.