Nairobi Governor Johnson Sakaja has told the High Court that he has complied with orders to begin the appointment of a substantive Nairobi County Secretary.
He said he nominated Dr Machel Waikenda and forwarded his name to the Nairobi County Assembly for vetting and approval.
Sakaja Defends His Actions
Appearing before Justice Gregory Mutai, Sakaja said he followed the Constitution and the law.
He said the County Assembly rejected his first nominee.
As a result, a new selection committee carried out another recruitment process.
The committee later recommended Dr Waikenda.
Sakaja said the appointment process has three stages.
First, a selection committee recommends a candidate.
Next, the governor submits the nominee.
Finally, the County Assembly vets and approves the candidate.
Governor Denies Contempt Claims
Through his lawyer, Dr Adrian Kamotho, Sakaja denied disobeying the court’s orders.
“I would be the last person to disobey a court order,” Sakaja told the court.
He added that he and Acting County Assembly Secretary Godfrey Akumali attended the proceedings in good faith.
He said they also wanted to update the court on the progress made.
Petitioners Challenge Delay
Petitioners Kasichana Riziki Mumba and John Saidi Nyanje asked the court to cite Sakaja and Acting County Secretary Godfrey Akumali for contempt.
They argued that Nairobi County has not appointed a substantive County Secretary since 2018.
However, Kamotho asked the court to dismiss the application.
He argued that Sakaja took office in August 2022.
He said the governor should not be blamed for delays that started before he assumed office.
Kamotho also argued that the petitioners failed to meet the legal requirements for contempt proceedings.
He said they did not prove that they properly served the court order.
“There has been no non-compliance with the law, and therefore the application is defective,” Kamotho argued.
Appointment Awaits Assembly Approval
Lawyer Dr Owiso Owiso, who represents the petitioners, said Sakaja knew about the court’s judgment.
He also said the governor had remained in communication about the appointment process.
Although the petitioners welcomed the recent progress, they urged the court to consider the long delay.
Sakaja maintained that the process does not depend on the governor alone.
He said the County Assembly must approve the nominee before the appointment becomes official.
He added that he submitted Dr Waikenda’s nomination to the Speaker of the Nairobi County Assembly on 27 July 2026.
However, the Assembly is currently on recess.
Justice Gregory Mutai will deliver his ruling on the contempt application on 30 September 2026.
