NAIROBI KENYA-Nairobi Governor Johnson Sakaja has told the High Court that he has complied with a court order requiring him to initiate the appointment of a substantive Nairobi County Secretary by forwarding the nomination of Dr Machel Waikenda to the Nairobi County Assembly for vetting and approval.
Appearing before Justice Gregory Mutai, Sakaja said he had commenced the process in accordance with the Constitution and the law.
He explained that his initial nominee for the position was rejected by the County Assembly, prompting the formation of a new selection committee, which later recommended Dr Waikenda.
Sakaja said the appointment of a County Secretary is a three-stage process involving recommendation by a selection committee, nomination by the governor, and approval by the County Assembly.
Through his lawyer, Dr Adrian Kamotho, the governor denied allegations that he had disobeyed the court’s orders.
“I would be the last person to disobey a court order,” Sakaja told the court, adding that he and Acting County Assembly Secretary Godfrey Akumali attended the proceedings in good faith to update the court on the progress made.
The governor appeared in court in response to an application by petitioners Kasichana Riziki Mumba and John Saidi Nyanje seeking to have him and Acting County Secretary Godfrey Akumali cited for contempt for allegedly failing to appoint a substantive County Secretary. The position has remained vacant since 2018.
Kamotho urged the court to dismiss the application, arguing that Sakaja only assumed office in August 2022 and could not be held responsible for delays dating back to 2018.
He further submitted that the petitioners had failed to meet the legal threshold for contempt proceedings because they had not demonstrated proper service of the court order or complied with the required legal procedure.
“There has been no non-compliance with the law, and therefore the application is defective,” Kamotho argued.
The petitioners, represented by lawyer Dr Owiso Owiso, maintained that Sakaja was fully aware of the court’s judgment and had been in continuous correspondence regarding the appointment process.
While acknowledging the steps taken by the governor, they urged the court to consider the prolonged delay in filling the office.
They also reminded the court that the order issued on December 5, 2025, was an order of mandamus compelling the governor to commence the process of appointing a substantive County Secretary.
In response, Sakaja reiterated that the appointment process is not solely within the governor’s control but also requires approval by the County Assembly, which is currently on recess.
He told the court that he forwarded Dr Waikenda’s nomination to the Speaker of the Nairobi County Assembly on July 27, 2026, for consideration and approval.
Justice Gregory Mutai is scheduled to deliver his ruling on the contempt application on September 30, 2026.
