A storm is brewing in Nakuru’s political landscape just days after Governor Susan Kihika jetted back into the country on Friday
A fresh petition has landed at the High Court’s Constitutional and Human Rights Division, igniting a legal firestorm over her eligibility to hold public office on grounds that she allegedly holds dual citizenship.
In a detailed petition, filed by Nakuru voter Peter Kuria Mwaniki, calls for Kihika’s immediate removal, accusing her of violating Article 78(2) of the Kenyan Constitution, which bars holders of dual citizenship from occupying state office unless they relinquish their foreign nationality.
Mwaniki, through lawyer Omar Siraji, has asked the court to declare the governor’s seat vacant and to initiate the swearing-in of Deputy Governor David Kones as Nakuru’s new boss.
The United Democratic Alliance (UDA) and the Independent Electoral and Boundaries Commission (IEBC) are also named in the suit for allegedly failing in their oversight duties.
Central to the petition is Kihika’s past tenure as an Assistant District Attorney in Dallas County, Texas,an office reportedly reserved for U.S. citizens under Texan law.
Mwaniki claims this alone is conclusive proof that Kihika is a U.S. citizen and therefore unqualified to serve as governor.
“This is not a mere technicality; it’s a serious breach of constitutional order,” Mwaniki states in his affidavit.
“No record exists showing that she has ever renounced her American citizenship. Her silence is deafening and deeply troubling.”
The petition also castigates the IEBC for what it terms as a “gross dereliction of duty” in failing to adequately vet Kihika prior to her election in 2022.
Mwaniki argues that the electoral body’s lapse poses long-term risks to the integrity of Kenyan democracy.
Chapter Six of the Constitution on leadership and integrity also features prominently in the case.
The petitioner argues that public officers must embody trustworthiness, loyalty, and transparencytraits he claims are compromised by Kihika’s alleged dual allegiance.
The matter, filed under a certificate of urgency, is now awaiting hearing.
