Explainer: What next if Governor Kihika is declared unfit for office?

Following the High court's decision to clear the way for the hearing of the petition to have Governor Susan Kihika declared unfit to hold a public office, focus has now shifted to the outcome of the case.

Being a first petition of a kind in Nakuru, county residents are left concerned over the implication of the affirmative court's decision.

Mtaa Wangu sought to clarify on the legal implications of the case.

Lawyer Elizabeth Wangari who is representing the Law Society of Kenya (LSK) explained that the petition forms part of the legal process involved in the removal of the county boss.

According to Ms Wangari, if the petition by LSK goes through and the court declares Ms Kihika unfit to hold the public office, it will open the door for anyone to file another petition to remove her from office.

Ms Wangari notes that the petition for removal can either be filed by LSK or any other Kenyan.

"Our petition seeks to have the court find that Ms Kihika had no capacity to hold the public office for her action of violating human rights as enshrined in Chapter 6 of the constitution. This will form the basis for another petition to have her removed from the office she is currently holding," states Ms Wangari.

The LSK in its petition filed before court on April last year argued that Ms Kihika ought to be held personally culpable for the human rights violations done during the controversial takeover of the hospital in early 2024.

"Our argument is that the orders for the eviction of staff and ejection of patients as well as closure of the hospital came from her office," stated Ms Wangari.

According to the lawyer, the whole process including the petition for the removal and the subsequent appeals may be concluded towards the end of 2026.

In the case the Nakuru county government, National Lands Commission and the Attorney general are sued as respondents while the Nakuru War memorial hospital is listed as an interested party.

According to the petition four patients who were in critical condition lost their lives, three patients who were awaiting admission were chased away after their files disappeared while the fate of six who had been booked for theatre were unceremoniously suspended.

In addition, the LSK claims the governor 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 leadership and integrity.

On Wednesday, Justice Patricia Gichohi directed the parties to serve each other with documents as the case will be heard by way of written submissions.

The case will be mentioned on November 12 to confirm compliance and taking of judgement date.