Unfit For Office? The High Court Decision That Could Change Governor Susan Kihika’s Fate

The political atmosphere in Nakuru County is thick with tension as we approach Wednesday, February 25, 2026. This is the day the High Court is set to deliver a ruling that could effectively pull the rug from under Governor Susan Kihika’s feet.

The Law Society of Kenya (LSK) isn't just asking for a fine; they are asking the court to declare her unfit to hold public office. But how did we get here, and what does this mean for the "City of Flamingos"?

1. The War Memorial Hospital Raid: Where it All Started

The heart of this legal storm is the chaotic takeover of the Nakuru War Memorial Hospital. The LSK alleges that between October 2023 and early 2024, the Governor directed county officials and "hired goons" to forcefully enter the facility.

This wasn't just a property dispute. The petition claims the raid led to the tragic death of four patients and left others stranded in the middle of surgeries. 

By defying multiple court orders to vacate the premises, the LSK argues that Kihika showed a total disregard for the rule of law—a direct violation of Chapter Six of the Constitution.

2. Justice Gichohi’s Stand: More Than Just a Land Dispute

Governor Kihika’s legal team tried to have the case dismissed, arguing it was a land ownership issue that belonged in the Environment and Lands Court. However, Justice Patricia Gichohi wasn't having it.

In a landmark move, the judge ruled that this case is about human rights violations and constitutional integrity, not just titles and deeds. 

By keeping the case in the High Court, the judiciary signaled that the focus is on the Governor's conduct as a public servant. This is the "danger zone" for any politician because a violation of Chapter Six is often a "career-ender."

3. What Happens If She Is Found "Unfit"?

If the court rules in favor of the LSK on Wednesday, don't expect the Governor to be escorted out of her office immediately. However, the legal implications are massive:

The "Unfit" Label: A court declaration of unfitness is a permanent stain that triggers the process for formal removal (Impeachment or a fresh petition for ouster).

Future Ambitions: Under Kenyan law, being declared unfit for office can bar a candidate from contesting in future elections, including the upcoming 2027 polls.

Political Fallout: With Senator Tabitha Karanja already breathing down her neck with corruption allegations, a loss in court could see Kihika losing her grip on the UDA grassroots support.

Nakuru residents are divided. Some see the Governor as a "fixer" trying to bring private assets back to the public, while others see a leader who has overstepped her constitutional bounds.