Nakuru Governor Susan Kihika is once again under legal scrutiny following a fresh High Court petition seeking her removal from office over alleged dual citizenship.
The petition, filed on April 14 by Naivasha resident Peter Kuria Mwaniki, calls for the court to declare Kihika’s election unconstitutional, alleging that she holds both Kenyan and American citizenship – a status that, under the Kenyan Constitution Article 78(2), disqualifies one from holding a state office unless the foreign citizenship is renounced.
According to the petitioner, Kihika once served as an Assistant District Attorney in Dallas County, Texas – a position he notes is only open to American citizens.
In his petition, Kuria states: “The Court should take judicial notice that District Attorneys, the equivalent of prosecutors in our Kenyan context, 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.”
He argues that Governor Kihika has failed to publicly produce any documentation proving that she renounced her U.S. citizenship, as required by Section 31 of the Leadership and Integrity Act. Despite sending a demand letter requesting this information, Kuria claims the governor has not responded.
The petition also raises concerns regarding Kihika’s recent maternity leave in the U.S., where she gave birth to twins during a four-month stay. Kuria alleges that the governor may have travelled for purposes of birth tourism and possibly misrepresented her travel intentions on visa documents.
“Credible reports indicate that the 1st Respondent may have travelled to the United States for purposes of birth tourism, potentially misrepresenting her intentions on visa documentation, thereby contravening US immigration laws. This act may amount to visa fraud, raising integrity concerns under Kenyan law,” Kuria claims in the court filing.
The respondents in the case include Governor Kihika, the United Democratic Alliance (UDA) Party, and the Independent Electoral and Boundaries Commission (IEBC). On May 5, the High Court directed Kuria to serve the petition to the respondents and gave Kihika 14 days to respond.
The case adds to growing political tensions in Nakuru County. A separate campaign led by local resident Evans Kimori is calling for the suspension of the county government, citing a leadership vacuum.
Kimori has already written to the IEBC seeking legal guidance and has begun collecting signatures to support his efforts. Earlier this year, he also petitioned U.S. President Donald Trump to deport Kihika during her maternity stay in America.
Governor Kihika has not yet issued a formal response to the petition.
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