Court sets verdict date on case challenging Governor Kihika's integrity
Rift Valley
By
Daniel Chege
| Dec 03, 2025
The High Court will on February 25, 2026, rule on a petition to have Nakuru Governor Susan Kihika declared unfit to hold public office.
Justice Patricia Gichohi said that the verdict will be given with or without Kihika’s submissions.
According to Gichohi, the governor was supposed to file her submissions, defending her integrity by Monday, but she had not filed.
“Even without the submissions of the respondent (Kihika), the judgement date will be on February 25, 2026,” directed Gichohi.
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The petition was filed by the Law Society of Kenya (LSK) in 2024, after Kihika’s administration forced the closure of War Memorial Hospital on January 23, 2024.
On Monday, Lawyer Eliabeth Mukira, representing the LSK, said that they had filed their submission in support of the petition.
She stated that Kihika, her administration and the government, through the office of the Attorney General, had not filed their submissions.
“We pray for a judgement date. This is a public interest litigation,” submitted Mukira.
Lawyer Kahiga Waitindi, who represents the hospital, also submitted that they had filed their submission as interested parties, in support of the petition.
In July this year, Kihika failed in her bid to stop the petition with the judge dismissing a preliminary objection where the governor argued that the court had no jurisdiction to hear the petition.
The judge ruled that the objection raised was not clear on points of law and therefore defective.
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 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.
LSK deposed that Kihika subverted the rule of law and violated human dignity.
“The court should declare that the illegal forceful entry of the governor’s agents to the hospital was unconstitutional, illegal and embarrassing to Kenyans,” LSK submitted.
The society also claimed that Kihika is dishonest and lacks integrity, dignity and respect for rule of law.
According to the society, during the first raid, 22 patients, two were C-section mothers fresh from maternity and one C-section mother in her third postoperative day were forced out of the hospital
LSK noted that 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 at around 3am on January 23, 2024, LSK stated that two patients died, CCTV footage was damaged, and staff lost their jobs and properties of unknown value 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 February 25, 2026.