Nyeri Governor Mutahi Kahiga is currently in a political storm after his comments on the demise of former Prime Minister Raila Odinga.
Kahiga sparked backlash after remarks made while addressing mourners in Nyeri on Tuesday evening, where he claimed that the death of Raila was a blessing for the Mt Kenya region, which he alleged had been sidelined since the formation of the broad-based government.
The governor alleged that Raila’s political partnership with President William Ruto disrupted development priorities in Central Kenya, shifting focus and resources in favour of the Nyanza region.
His comments drew furious reactions from members of the Orange Democratic Movement (ODM), other national leaders, and Kenyans, leading to his subsequent resignation as the vice chair of the Council of Governors (CoG).
Nevertheless, additional penalties might still be imposed, and he might even lose his job as governor.
UDA Disciplinary Action
Kahiga was elected Nyeri governor via a United Democratic Alliance (UDA) ticket in the 2022 General Election, but after recent events, expulsion from the party is not a foregone conclusion.
After his remarks, UDA could initiate disciplinary action against Kahiga, and this could lead to his expulsion. In initiating disciplinary proceedings, a formal complaint must be lodged, either by the National Executive Committee or a party member.
The party’s Disciplinary Committee or National Disciplinary Tribunal would then assess whether the matter warrants a hearing. If satisfied, then Kahiga would then receive a written notice outlining the allegations. He is given a chance to respond or appear before the disciplinary body to defend himself, as per Article 47 of the Constitution, which provides for the right to fair administrative action.
Depending on its findings, the disciplinary organ might then impose several sanctions, such as reprimand or warning, suspension from party activities, or expulsion. Kahiga could still appeal any decision, either directly to the UDA party or to the Political Parties Disputes Tribunal (PPDT).
It is key to note that expulsion from the party does not make Kahiga automatically lose his seat. This is because Kahiga was directly elected by the people, and as such, it spares him from an automatic ouster by his party.
Kahiga's Impeachment
Still, the governor could lose his seat through the impeachment route. UDA Members of the County Assembly, who form the majority of the Nyeri County Assembly (25 out of 30), could be whipped up by UDA to table an impeachment motion against Kahiga.
Grounds for impeachment include gross misconduct or abuse of office, gross violation of the Constitution or other laws, commission of a crime under national law, and physical or mental incapacity.
If the motion succeeds at the County Assembly level, it would then go to the Senate for a hearing. If upheld, he would lose the governorship.
NCIC Summons
Another potential outcome as these events unfold is a summons from the National Cohesion and Integration Commission (NCIC).
If Kahiga made remarks deemed to incite hatred, contempt, or discrimination on ethnic or political grounds, or that could disturb public order, the NCIC is empowered to summon him for questioning.
This would require Kahiga to appear before the NCIC and record a statement. The Commission could then question him on the context, intent, and wording of his remarks. During assessment and investigation, NCIC would then review Kahiga’s remarks, their impact on the country or on social media, and whether they meet the threshold for incitement or ethnic profiling.
If NCIC believes that Kahiga’s remarks constitute an offense, then it would be required to forward the file to the Director of Public Prosecutions (DPP), who would then decide whether or not to press charges.
As per the NCIC Act, a person who uses threatening, abusive, or insulting words or behaviour intended to incite ethnic hatred commits an offense and is liable on conviction to a fine not exceeding Ksh1 million, or imprisonment for a term not exceeding three years, or both. Under the Penal Code (Section 96), such an offense could result in imprisonment for up to five years.
Other Potential Outcomes
Other potential outcomes for Kahiga include deregistration as a teacher by the Teachers Service Commission (TSC) and being kicked out of the Agikuyu Council of Elders.
It is important to note that these are all things that could happen and that no indication has been given that plans are underway to either expel Kahiga from UDA, impeach him or that NCIC would issue a summons to Kahiga.
Leaders allied to ODM and the government have also called for Kahiga’s immediate resignation from his position as Nyeri Governor, but it remains to be seen whether Kahiga will heed their demands.
