Governor Mutahi Kahiga Faces Court Case Over Remarks on Raila Odinga’s Death
Nyeri Governor Mutahi Kahiga is facing a serious legal challenge after a petition was filed at the High Court seeking to have him declared unfit to serve in public office. The petitioners are also calling for his immediate removal as governor.
This follows a viral video that surfaced online a little over a week ago, in which Governor Kahiga appeared to suggest that the death of former Prime Minister Raila Odinga would lead to development projects originally meant for the Nyanza region being redirected to Mount Kenya.
The remarks quickly caused a nationwide uproar, sparking accusations of ethnic bias and insensitivity.
The case has been filed by the civil rights movement Bunge la Mwananchi, alongside activists Lawrence Oyugi, Komeade Bush, and Nicholas Kimanzi.
In their submission, they argue that Kahiga’s comments were not only divisive but also ethnically inflammatory, adding that such utterances go against Kenya’s constitutional principles of national unity, peace, and cohesion.
“The first respondent, Mutahi Kahiga, continues to hold a powerful and influential position, and his continued stay in office offers him a platform to repeat and amplify these harmful and divisive remarks,” the petitioners stated in their court documents.
They further allege that the governor’s statements amounted to hate speech and gross misconduct under the Constitution, the Leadership and Integrity Act, and the National Cohesion and Integration Act.
The petitioners claim that Kahiga’s words violated several sections of the Constitution, including Articles 10, 27, 28, 73, and 75, which cover key values such as integrity, equality, human dignity, and leadership ethics.
They also warned that such ethnic sentiments could easily reignite tensions similar to those witnessed during the 2007/2008 post-election violence, which left deep scars on the nation.
As part of their plea, the petitioners want the court to issue an order preventing Kahiga from making any further inflammatory or ethnically charged remarks.
Additionally, they are asking the court to direct the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecutions (DPP) to launch an official investigation into his conduct, with the ultimate goal of declaring him unfit to hold any public position.
If the High Court rules in favor of the petitioners, Governor Kahiga could be suspended and removed from office, marking a significant political setback for him.
Following the backlash, Governor Kahiga issued a public apology on October 18, a day after his remarks went viral. He expressed regret for his comments and extended a heartfelt apology to Raila Odinga’s family, his political allies, and Kenyans in general.
The governor also stepped down from his position as Vice Chairperson of the Council of Governors (CoG) to take responsibility for his actions.
“I wish to sincerely apologise to our mourning nation, to the family of the Rt. Hon. Former Prime Minister Raila Amolo Odinga—Mama Ida Odinga, her children Rosemary, Junior, and Winnie, Hon. Senator Oburu Odinga, Hon. MP Ruth Odinga, the ODM fraternity, the Luo Nation, and Kenyans at large,” Kahiga said during his press briefing.
He went on to clarify that his remarks had been misinterpreted and were not meant to celebrate Odinga’s death. “My comments were in no way meant to be celebratory.
What I intended to convey was that, politically, the loss of the Rt. Hon. Raila Odinga is a major event that sends everyone back to the drawing board, especially in terms of national development priorities,” he explained.
The controversy has continued to stir debate across the country, with many Kenyans demanding accountability from leaders who use divisive language, while others believe the governor’s apology should be accepted as a sign of remorse and reconciliation.
The case now awaits hearing at the High Court, where a ruling could have far-reaching implications on leadership integrity in Kenya.
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