Governor Kihika to know her fate in case questioning fitness to hold office
The High Court will on Wednesday, February 25, 2026, give its verdict in a case where the Law Society of Kenya (LSK) is seeking to have Nakuru Governor Susan Kihika declared unfit to hold public office.
The LSK is seeking Ms Kihika’s removal from office, over alleged misconduct in the controversial take-over of the Nakuru War Memorial Hospital, in Nakuru City, more than a year ago.
Justice Patricia Gichohi set the date after the parties concluded making their submissions in court in December last year.
“After more than a year, this court will deliver its ruling on February 25,2026. If by then the Governor’s legal team will not have filed submissions, I will deliver the verdict without the submissions,” stated Justice Gichohi.
The petition seeks to have the court find that Ms Kihika has no capacity to hold public office, for violating human rights as enshrined in Chapter Six of the Constitution.
For over a year, the governor has been fighting in court to keep her seat.
In the case filed on April 15, 2024, the LSK sought the court’s declaration that Ms Kihika is unfit to hold office, due to the manner in which the Nakuru County government raided and took over the management of the Nakuru War Memorial Hospital in 2023, using ‘hired goons’.
The LSK argues that the takeover was unconstitutional and embarrassing to Kenyans.
LSK has accused the governor of illegally seizing the hospital in October 2023 in total disregard of court orders.
The lawyers’ body sought orders declaring the county boss unfit to hold office, for allegedly gaining illegal entry into the facility and destroying property of unknown value with an aim of concealing evidence.
The petitioners argued that the takeover of the hospital by the county caused loss of lives and trauma to patients who were receiving treatment at the hospital.
LSK has also accused Ms Kihika of defying court orders, causing disruptions that led to the deaths of patients and violating their rights.
According to the petition, four patients who were in critical condition died, while three others, who were awaiting admission, were chased away after their files disappeared. Six others who had been booked for theatre had their procedures suspended.
In addition, the LSK claims that Governor Kihika violated the rights of the patients and staff, as well as the general public to human dignity, equity and social justice, thus fell short of Chapter Six of the Constitution on leadership and integrity.
The LSK attributed the recusal of two Environment and Lands Court judges, in a case that seeks to determine the ownership of the Nakuru War Memorial Hospital, to the blatant disobedience of court orders by Governor Kihika.
The LSK sued Ms Kihika, Nakuru County Government, the National Lands Commission and the Attorney General. Nakuru War Memorial Hospital is an interested party in the suit.
In June 2025, the governor lost her bid to stop the hearing of the petition after a Nakuru Court dismissed her application seeking to strike out the case.
Justice Patricia Gichohi further declined to grant her alternative request for orders to halt the hearing of the case, pending hearing and determination of another case pending before the High Court, which seeks to determine the ownership of the Nakuru War Memorial Hospital land.
“Further, and in the circumstances herein, the Governor’s proposal for stay of the petition, until a case about the ownership of the hospital is heard and determined, is not necessary unless all parties herein are willing to enter into a consent to that effect,” ruled Justice Gichohi.
Earlier, Ms Kihika, while defending herself, sought to have the suit dismissed, arguing that the court lacked jurisdiction to determine the matter.
She argued that the Nakuru High Court lacked the powers to issue the reliefs sought in the suit, since the petition raises issues of trespass and ownership of land, which falls under the Environment and Lands Court.
Through her lawyers, she indicated that there is a matter pending before the High Court, over the same matter and that the court should not interfere with the proceedings before a court of equal status.
However, Justice Gichohi, in her ruling, noted that the predominant issues raised in the petition by the LSK were not about the right to ownership and use of the suit premises but a violation of rights and freedoms.
“This court is satisfied that it has the jurisdiction to hear and determine the issues in regard to the alleged violation of the rights and freedoms as enshrined in the Constitution and as pleaded in the petition herein,” ruled the judge.
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