The governor, in a December 15 letter from Kiragu Wathuta & Company Advocates to King Kaka, whose real name is Kennedy Ombima, gives him 48 hours to issue a full, unconditional admission of liability in writing.
Governor Waiguru says the remarks about her in the song are highly defamatory and depict her as extremely corrupt and having engaged in the theft of public funds at the National Youth Service (NYS), claims which she notes are false.
The county boss says the lyrics suggest she is not fit to be the Kirinyaga County leader and that she was elected as a result of taking advantage of people’s gullibility.
She says these notions lower her regard and esteem as held by the public.
“You ought to have known that despite extensive investigations and several prosecutions in relation to the loss of funds at NYS, our client has never been charged in a court of law as an accused person in relation to NYS or any other scandal …,” the lawyers say in the letter.
“… she has been persistently and publicly demanding full investigations of the matters relating to the NYS affairs and there has been no evidence whatsoever of her culpability [provided] to, or obtained by the Ethics and Anti-Corruption Commission on any allegations pertaining to the NYS affairs.”
Governor Waiguru further complains that the song’s release occasioned “grave, irreparable and permanent damage” to her reputation and accuses King Kaka of tarnishing her name to increase his popularity and profits.
The song, whose title translates to “You fools”, went viral upon its release on Saturday, earning the musician praise and criticism in equal measure.
It highlights the regular Kenya’s challenges including poor leadership, corruption, political exploitation, unemployment, a poor education system and the state of affairs since the general election in 2017.
In the song, King Kaka satirises political leaders for false promises, plunder of public resources and failure to deliver on their promises to the public.
Among those who supported the song were 2013 presidential aspirant Abduba Diba, Kenya Film and Classification Board Chief Executive Officer Ezekiel Mutua and constitutional lawyer Ahmednasir Abdullahi.
Dr Mutua praised the rapper and urged Kenyans to reflect on the message.
“The fact that the rapper can do such a production and walk Scot-free is evidence that our democracy has come of age. Try that in Uganda or Rwanda and things will be different,” he wrote on his Facebook page.
Through his twitter account, King Kaka asked for protection but did not specify from whom.
He further advised his fans to find him at a police station if matters worsen.
Mr Abdullahi offered the musician his legal services, saying on Twitter that, “You just said the truth…nothing but the truth…if you need a lawyer for telling truth to power…give me a shout…#WajingaNyinyi.”
The lawyer has been representing Governor Waiguru at the EACC in the NYS matter.
Mr Dida said on Twitter, “Kenya has about 50 million citizens and less than 2,000 elective positions. Ironically, when Kenyans get the opportunity to vote, they always pick the worst possible choices then spend the following five years crying. #WajingaNyinyi is a good piece of activist art. Thank you.”
Kenyans who spoke to the Nation said the song was an eye-opener on Kenya’s current state of affairs.
“He is pointing out what is happening in the country right now,” one said.
Another said, “It is a song which speaks without fear or favour and contradiction because this is the same society we live in all year round. It’s high time the youth spoke their minds the same way King Kaka did. It is nothing but the truth.”
Another Nairobi resident said King Kaka spoke for the quiet Kenyan who does not, or cannot, complain.
“He has done it well in art. He has expressed the feelings of Kenyans,” the person said.
Another said, “We elect people based on [communities], which in the end is not helpful. My desire is for all Kenyans to learn. We don’t need to elect leaders because they are from our communities, but leaders who have a track record and know what they are doing.”