Petitioner Declares Susan Kihika an American Citizen, Calls for Her Immediate Removal from Office
Just days after Nakuru Governor Susan Kihika returned from an extended stay in the United States, a legal petition has been lodged in the High Court demanding her removal from office.
The petitioner, Peter Kuria Mwaniki, is seeking urgent intervention from the Constitutional and Human Rights Division to declare Kihika unfit to hold office on the grounds of dual citizenship — Kenyan and American.
Through his lawyer, Omar Siraji of Omar Siraji & Company Advocates, Mwaniki argues that Kihika’s continued leadership constitutes a blatant violation of the Constitution. “Leadership is a public trust,” Mwaniki states. “The Constitution demands honesty, integrity, and undivided loyalty.” He further insists that Kihika’s alleged allegiance to a foreign nation breaches this sacred obligation.
Central to Mwaniki’s petition is Article 78(2) of the Kenyan Constitution, which stipulates: “A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya and does not hold dual citizenship.” According to him, Kihika’s election stands in direct violation of this constitutional provision.
Mwaniki claims that Kihika’s past employment as an Assistant District Attorney in Dallas County, Texas, is undeniable proof of her American citizenship. “Under Texas law, only U.S. citizens can serve as Assistant District Attorneys,” he states in the petition. Drawing parallels, he adds, “Just like in Kenya, where prosecutors must be citizens, the same holds true in the United States due to the sensitive nature of prosecutorial duties.”
The petitioner asserts that there is no public record indicating that Kihika ever renounced her American citizenship before running for office in the 2022 General Election.
He recounts having formally written to her requesting documentation to prove otherwise, yet Kihika allegedly declined to respond. “Her silence on this crucial matter speaks volumes and constitutes a gross breach of public trust,” Mwaniki emphasizes in his affidavit.
In addition to targeting Kihika, the lawsuit names the United Democratic Alliance (UDA) party as the second respondent and the Independent Electoral and Boundaries Commission (IEBC) as the third. Mwaniki accuses the IEBC of failing to fulfill its constitutional duty under Article 88, which mandates the vetting of all candidates for eligibility. “The IEBC neglected its obligation. This is not a minor oversight—it’s a direct threat to the integrity of our democracy,” Mwaniki warns.
Further, Mwaniki seeks a court declaration that Kihika’s nomination and election were unconstitutional, null, and void.
He also requests the court to declare the Nakuru County governor’s seat vacant, paving the way for the swearing-in of her deputy, David Kones.
Alongside this, he demands the court compel the IEBC to implement stricter vetting procedures in future elections to safeguard democratic standards.
The urgency of the petition is emphasized by its filing under a certificate of urgency, reflecting the serious implications it holds for governance and public trust.
Mwaniki warns that if the matter is not addressed, it could set a dangerous precedent ahead of the 2027 general elections. “If left unchecked, this violation will embolden future leaders to disregard constitutional requirements without fear of consequence,” he cautions.
Adding to the controversy, Kihika’s return to Kenya coincides with mounting criticism over her leadership. Public frustration had grown during her prolonged absence, with more than 2,000 residents submitting a petition to the Nakuru County Assembly demanding transparency regarding her whereabouts and governance. “The governor must choose between managing her US law firm and serving the people of Nakuru. We demand transparency and accountability now,” a frustrated resident remarked.
Concerns about Kihika’s leadership have been further amplified by a crisis in Nakuru’s healthcare system.
The recent death of Elizabeth Wairimu, a young mother who died shortly after giving birth at the Margaret Kenyatta Mother and Baby Unit, has intensified public outrage. Her family has accused the hospital of negligence, placing Kihika’s administration under even closer scrutiny.
In sum, Mwaniki argues that Kihika’s continued stay in office poses “a present and continuing danger” to the county and the nation’s sovereignty. He urges the court to uphold constitutional principles by declaring Kihika’s governorship invalid and enforcing accountability measures to restore public trust.
If successful, the petition could not only reshape Nakuru’s leadership but also reinforce the importance of constitutional adherence across Kenya’s political landscape.
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Petitioner Declares Susan Kihika an American Citizen, Calls for Her Immediate Removal from Office
