Nakuru Governor Susan Kihika is facing yet another petition challenging her suitability to hold the office.
A fresh petition has been filed before the High Court in Nakuru seeking to remove Ms Kihika from office over alleged dual citizenship and birth tourism.
Mr Peter Kuria Mwaniki, a Naivasha resident in his petition filed on April 14, seeks orders from the court declaring Ms Kihika unfit to hold the public office. The petitioner also wants a declaration that her nomination and election was unconstitutional.
The petitioner claims to have credible evidence proving that Ms Kihika is a dual citizen holding both Kenya and the United States citizenship.
According to him, Ms Kihika previously served as an Assistant District Attorney in Dallas County, Texas, a position exclusively reserved for US citizens.
This is contrary to the constitutional provisions which disqualifies persons holding dual citizenship from being elected to a state office unless they renounce the foreign citizenship.
“The Court should take judicial notice that District Attorneys, the equivalent of prosecutors in our Kenyan context, are always citizens of those countries they serve. It is a requirement to be a citizen for one to become a prosecutor in Kenya, and the same is true for most of the world due to the sensitivity of the duties of a prosecutor,” stated Mr Kuria.
Mr Kuria claims the governor has failed to publicly declare or provide documentation evidencing renunciation of U.S. citizenship or compliance with Section 31 of the Leadership and Integrity Act.
The petitioner has also questioned reasons Ms Kihika advanced to secure a Visa to travel to the US where she stayed for four months on maternity leave as she delivered twins.
“Credible reports indicate that the 1st Respondent may have travelled to the United States for purposes of birth tourism, potentially misrepresenting her intentions on visa documentation, thereby contravening US immigration laws. This act may amount to visa fraud, raising integrity concerns under Kenyan law,” stated Mr Kuria.
The petitioner has sued Ms Kihika, the United Democratic Alliance party and the Independent Electoral and Boundaries Commission.
The court in its May 5 ruling ordered Mr Kuria to serve the respondents with the petition and directed Ms Kihika to respond to it within 14 days.
The petition comes in the wake of an ongoing initiative by a Nakuru Resident Evans Kimori which seeks to disband the county government.
Mr Kimori who launched a signature collection exercise has already written to the IEBC for guidance on the legal processes required for the suspension of the county for what he claims to be a leadership vacuum.
The resident had earlier this year filed another petition to the US president Donald Trump for deportation of governor Kihika who was on her maternity leave.
