Governor Kihika is an American, petitioner tells court

A petition has been lodged in court just days after Nakuru Governor Susan Kihika returned to Kenya from an extended visit to the United States, calling for her removal from office.

The petitioner, Peter Kuria Mwaniki, is requesting an urgent ruling from the Constitutional and Human Rights Division of the High Court to declare Kihika unfit for office, citing her dual citizenship—both Kenyan and American—as the basis.

In his petition, Mwaniki seeks a declaration that Kihika is not a suitable or proper individual for office, given concerns about her honesty, integrity, and overall qualifications, claiming that her election contradicts the Constitution and should therefore be deemed invalid.

Mwaniki is also requesting an order to declare the Nakuru County Governor's seat vacant, which would allow for the swearing-in of her deputy, David Kones, as the new governor.

The lawsuit, filed under a certificate of urgency, lists Kihika as the first respondent, the United Democratic Alliance (UDA) party as the second respondent, and the Independent Electoral and Boundaries Commission (IEBC) as the third.

Mwaniki, a voter in Nakuru County, asserts that Kihika's previous role as an Assistant District Attorney in Dallas County, Texas— a position that is "exclusively reserved for U.S. citizens"— provides undeniable evidence of her American citizenship.

Referencing Article 78(2) of the Constitution, which prohibits dual citizens from holding state office unless they have renounced their foreign citizenship, Mwaniki argues that Kihika’s election to office was unconstitutional.

Through his lawyer, Omar Siraji of Omar Siraji & Company Advocates, Mwaniki contends that Kihika's ongoing tenure as governor constitutes a blatant violation of the Constitution, which forbids individuals with dual citizenship from holding state office.

"This Honourable Court should take judicial notice that under Texas law, only US citizens can serve as Assistant District Attorneys. Kihika’s appointment to that position proves she holds American citizenship," reads part of the petition.

"The District Attorneys are equivalent to prosecutors in our Kenyan context and are always citizens of those countries they serve. It is a requirement to be a citizen for one to become a prosecutor in Kenya, and the same is true for most of the world due to the sensitivity of the duties of a prosecutor."

The petitioner asserts that Kihika did not renounce her U.S. citizenship before contesting for the governor’s seat in the 2022 general election and has refused to address the issue despite a formal request.

Mwaniki states, "No public record exists showing that Kihika has ever formally renounced her U.S. citizenship."

"I wrote to the governor asking for any documentary evidence showing she had renounced her American citizenship. She declined to respond. Her silence on this matter speaks volumes and constitutes a gross breach of public trust," Mwaniki states in his affidavit.

Mwaniki is also accusing the IEBC of neglecting its constitutional duty under Article 88 to vet candidates. He describes the IEBC's "oversight" as a "serious dereliction of duty" that jeopardizes the credibility of future elections.

"The IEBC neglected its obligation under Article 88 to verify her eligibility. This failure not only undermines the 2022 elections but risks compromising future ones," Mwaniki argues.

"This is not a small oversight, it’s a direct threat to the integrity of our democracy."

Mwaniki also references Chapter Six of the Constitution, which addresses leadership and integrity, arguing that the issue extends beyond technical qualifications and highlights the importance of trust in public office.

He claims that Kihika’s continued tenure poses "a present and continuing danger" to Nakuru County and the sovereignty of Kenya.

"Leadership is a public trust. The Constitution demands honesty, integrity, and undivided loyalty. Kihika’s continued stay in office, while allegedly owing allegiance to a foreign country, is a breach of this sacred trust," the petition states.

The petition further emphasizes that the case is of national significance, particularly as the country approaches the 2027 general elections.

"If left unchecked, this violation will set a dangerous precedent. It will signal to future leaders that constitutional requirements can be disregarded without consequence," Mwaniki warns.

He is seeking a court declaration that Kihika is ineligible to hold the office of Governor, an order for her immediate removal, and a directive for the IEBC to implement stricter vetting procedures in future elections.