Nairobi Governor Johnson Sakaja has exonerated himself from blame over the appointment of a County Secretary, saying the matter is now with the County Assembly awaiting approval.
Sakaja, who on Wednesday appeared before Milimani high court Judge Gregory Mutai, said hehas already forwarded the name of Dr Machel Waikenda to the Nairobi County Assembly for vetting and approval as the County Secretary.
The governor said he had complied with the December 5, 2025, court's order, requiring him to initiate the appointment process of a County Secretary 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 selection panel to identify another suitable candidate.
He said the panel forwarded ten names out of which he has selected one nominee whose name has been submitted to the Speaker of the County Assembly for presentation to MCA’s for approval.
The committee has subsequently nominated Dr Waikenda, whose name was submitted to the assembly for approval on July 27, 2026.
Sakaja told the judge 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 adding “I initiated the process of the selection of a county secretary as ordered.”
Added he, “I would be the last person to disobey a court order.”
He went on, "As a show of good faith and compliance with the court order, the Acting County Assembly Secretary, Godfrey Akumali and I have appeared before court today (July 29, 2026) to explain the difficulties I have experienced in my endeavor to comply with the court order. The current status of the matter is that I have submitted a nominee to the county assembly for approval," 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 and committed to jail over their 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 saying it lacks merit.
He argued that Sakaja 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," Dr 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.
“My intention is to fill county secretary position in the best interest for the people provided under the law,” Mr Sakaja stated under oath.
He informed the court that he had forwarded Dr Waikenda's nomination to the Speaker of the Nairobi County Assembly vide a letter dated July 27 2026 for consideration and approval.
On his part Mr Godfrey Akumali told the judge he is the acting county secretary and also the CEC Housing and that he has not defied any court order.
Justice Gregory Mutai is expected to deliver his ruling on the contempt application on September 30 2026.
