Kihika is American Citizen Illegally Holding Kenyan Office, Petition Says

A new legal challenge has emerged against Nakuru Governor Susan Kihika, who recently returned to Kenya after an extended stay in the United States. Peter Kuria Mwaniki, a Nakuru County voter, has filed an urgent petition with the Constitutional and Human Rights Division of the High Court seeking her immediate removal from office, claiming she’s an American citizen illegally holding Kenyan office.

The petition, filed under a certificate of urgency, claims that Kihika’s previous employment as an Assistant District Attorney in Dallas County, Texas—a position “exclusively reserved for US citizens”—constitutes irrefutable proof of her American citizenship. According to Article 78(2) of Kenya’s Constitution, individuals with dual citizenship are disqualified from holding state office unless they have formally renounced their foreign citizenship.

“A declaration be issued that Kihika is not a fit and proper person with due regard to her honesty, dignity, personal integrity, and suitability, and hence, her election was inconsistent with the Constitution and invalid,” states Mwaniki in the petition.

Through his lawyer Omar Siraji, Mwaniki argues that Kihika never renounced her US citizenship before running for governor in the 2022 General Election. The petitioner claims he wrote to the governor requesting documentation proving she had renounced her American citizenship, but received no response.

“No public record exists showing that Kihika has ever formally renounced her US citizenship,” Mwaniki asserts. “Her silence on this matter speaks volumes and constitutes a gross breach of public trust.”

The lawsuit names 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 accuses the IEBC of neglecting its constitutional mandate to properly vet candidates, calling it “a serious dereliction of duty” that undermines electoral credibility.

If successful, the petition would declare the Nakuru County governor’s seat vacant, paving the way for Deputy Governor David Kones to be sworn in.

The legal challenge comes amid growing public frustration over Kihika’s prolonged absence from the county. During her time away, Nakuru residents submitted petitions and held protests questioning her whereabouts and leadership. Over 2,000 residents reportedly submitted a petition to the County Assembly demanding an explanation for her absence.

Kihika’s return also coincides with intensifying criticism of her administration’s management of the healthcare system, particularly following the death of a young mother at the Margaret Kenyatta Mother and Baby Unit, which her family has attributed to negligence.

The petitioner argues that the case has national significance, especially with the 2027 general elections approaching. “If left unchecked, this violation will set a dangerous precedent. It will tell future leaders that constitutional requirements can be flouted without consequence,” Mwaniki warns in his petition.​​​​​​​​​​​​​​​​