DNK International By Alphonce Mungahu,Nairobi.
Nairobi Governor Johnson Sakaja has told the High Court that he has forwarded the name of Dr Machel Waikenda to the Nairobi County Assembly for vetting and approval as the County Secretary.
Appearing before Justice Gregory Mutai, Governor Sakaja said he had complied with the court’s order by initiating the appointment process in accordance with the Constitution and relevant laws.
The governor explained that the first nominee for the position had been rejected by the County Assembly, prompting the establishment of a new select committee to identify another candidate.
The committee subsequently nominated Dr Waikenda, whose name has now been submitted to the assembly for approval.
Sakaja told the court that the appointment of a County Secretary is a three stage process involving the empanelment of 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 said under oath.
“As a show of good faith and compliance with the court, the Acting County Assembly Secretary, Godfrey Akumali, and I attended today’s court session to explain the current status of the matter,” he added.
The Governor appeared in court following an application by petitioners Kasichana Riziki Mumba and John Saidi Nyanje, who are seeking to have Sakaja and Acting County Secretary Godfrey Akumali cited for contempt of court over the failure to appoint a substantive County Secretary, a position that has remained vacant since 2018.
However, Dr Kamotho urged the court to dismiss the contempt application, arguing that Sakaja only assumed office in August 2022 and could not be held responsible for delays dating back to 2018.
The lawyer further submitted that the petitioners had failed to meet the legal threshold for contempt proceedings, saying anyone seeking to cite another party for contempt must demonstrate proper service of the court order and issue a notice to show cause.
“There has been no non-compliance with the law, and therefore the application is defective,” Kamotho argued.
He added that contempt had not been proved, noting that the petitioners had only established that the governor was aware of the judgment.
“The alleged contemnors are entitled to due process. No one can seek to enforce the law while themselves acting in breach of the legal requirements,” he submitted.
On their part, the petitioners, through lawyer Dr Owiso Owiso, argued that Governor Sakaja had full knowledge of the court judgment and had been in continuous correspondence regarding the appointment of the County Secretary.
They acknowledged the steps taken by the Governor to resolve the matter but urged the court to take judicial notice of the significant delay in filling the position.
The petitioners also reminded the court that the order issued on December 5,2025 was an order of mandamus compelling the Governor to initiate the process of appointing a substantive County Secretary.
In response, Sakaja reiterated that the appointment process is not a one man exercise but involves the County Assembly, which is currently on recess.
He informed the court that he had forwarded Dr Waikenda’s nomination to the Speaker of the Nairobi County Assembly on July 27,2026 for consideration and approval.
Justice Mutai is expected to deliver his ruling on the contempt application on September 30,2026.
[DNK-International@July 29,2026]
