Governor Kihika to wait longer for verdict in case questioning her integrity

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

Nakuru Governor Susan Kihika will have to wait longer to know her fate, in a petition that seeks orders declaring her unfit to hold public office over integrity issues.

Judge Patricia Gichohi delayed the verdict scheduled for delivery yesterday in the petition filed by the Law Society of Kenya (LSK) through Lawyer Elizabeth Mukira.

Ms Gichohi informed the parties in the case that the judgment was not ready because she had to deal with other petitions of the same magnitude and urgency.

She also pointed out that the court had no legal researcher to assist the court in speeding up the court processes.

“Bear with the court to delay this verdict to April 13 so I can do justice to the petition,” ruled Gichohi.

On December 2, 2025, Gichohi said that she would give the verdict yesterday, without a response from Kihika and other defendants, including the Attorney General.

The court noted that the Governor had failed to file her response by December 1, as directed.

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

“Even without the submissions of the respondent (Kihika), the judgment date will be on February 25, 2026,” directed Gichohi.

However, yesterday, the governor, through Professor Tom Ojienda’s firm, informed the court that they had filed a response before they broke for Christmas and served it upon LSK.

Ms Mukira protested, pointing out that the court had decided to rule on the petition without response, noting that the same had been filed in 2024.

“I want to point out to the court that any response filed after the court’s direction in December should not be considered,” said Mukira.

Gichohi, urging the parties to trust the court, maintained that the court would follow its direction.

She noted that she was to give her verdict earlier.

LSK moved to court in 2024, after Kihika’s administration forced the closure of Nakuru War Memorial Hospital on October 27, 2023, and on January 23, 2024.

The hospital remains closed to date.

The society sued Kihika, the county government, the County, the Land Registrar Nakuru, and the Attorney General. The hospital was listed as an interested party.

Mukira submitted that Kihika failed the leadership and integrity test, subverted the rule of law, and violated human dignity when she allowed the illegal and forceful entry and takeover of the hospital.

The county officials invaded the hospital on both occasions, shut it down, and discharged patients and over 300 patients.

“The court should declare that the illegal forceful entry of the governor’s agents into the hospital was unconstitutional, illegal, and embarrassing to Kenyans,” LSK submitted.

During the first raid, LSK noted that 22 patients, two of whom were C-section mothers fresh from maternity and one C-section mother on her third postoperative day, were forced out of the hospital.

There was one prematurely delivered infant, one critically ill infant, and others in urgent need of medical care. 

“Four patients were critically ill and in oxygen support, while others were in various wards with various health conditions,” noted LSK.

During the second invasion, LSK stated that two patients died, CCTV footage was damaged, and staff lost their jobs, and properties of unknown value were destroyed.

“The governor disobeyed several court orders directing the reopening of the hospital, subjecting the authority to public scorn and ridicule,” read the petition.

The court will give its verdict on April 13.