Court declines to stop suit seeking to declare Kihika unfit for office

When Nakuru Governor Susan Kihika appeared before the Senate Health Committee at Parliament on May 17, 2024. [Boniface Okendo, Standard]

Nakuru Governor Susan Kihika has failed to stop a legal proceeding challenging her fitness to hold public office filed at the High Court by the Law Society of Kenya.

The petition filed by Lawyer Elizabeth Mukira seeks to declare Kihika unfit to be the governor following a forceful takeover and closure of War Memorial Hospital on January 23, 2024.

In her ruling, Judge Patricia Gichohi dismissed a preliminary objection filed by Kihika, where she argued that the court had no jurisdiction to hear the petition.

The judge ruled that the preliminary objection raised was not clear on points of law and therefore defective. She added that no evidence was filed to support the objection.

Justice Gichohi ruled that the petition by LSK alleged a violation of the rights of the patients, hospital staff, and public based on how the county government took over the hospital.

The judge ruled that the petition was not sub-judice to the hospital land dispute case in Nyandarua, where the county government and the hospital management are parties to the case.

"The predominant issues in the petition are not about the right to ownership and use of the hospital land," she ruled.

"Consequently, the court is satisfied that it has the jurisdiction to hear and determine the issues in regard to the alleged violation of the rights and freedom enshrined in the constitution," she added.

Further, the court declined to suspend the petition, pending the hearing and determination of the land case in Nyandarua.

According to Gichohi, the governor failed to provide evidence that the Nyandarua case existed and pleadings in the case were similar to those of the petition.

"The court has not been furnished with the pleadings in Nyandarua land case, to enable it determine whether this petition herein is sub judice. Therefore, the objection, based on the principle of sub-judice, is unsupported and without merit," the judge ruled.

LSK moved to court on behalf of the residents of Nakuru and sued Kihika, the county government, County, the Land Registrar, Nakuru and the Attorney General.

The hospital was listed as an interested party.

In the petition, Mukira submitted that Kihika failed the leadership and integrity test when she allowed the illegal entry and takeover of the hospital.

The county officials invaded the hospital on October 27, 2023 and January 23, 2024, shut it down and discharged patients and over 300.

The case will be mentioned on November 12 to confirm compliance.