Sakaja Says He Has Complied With Court Order on County Secretary Appointment
NAIROBI, Kenya – Nairobi Governor Johnson Sakaja has told the Milimani High Court that he has complied with a court order requiring him to appoint a substantive Nairobi County Secretary through a competitive recruitment process.
Appearing before Justice Gregory Mutai on Wednesday, July 29, 2026, Sakaja said his administration had followed the court’s directions and complied with the legal procedures governing the appointment.
The High Court had, on December 5, 2025, ordered the governor to begin a competitive recruitment process for the position within 60 days of the judgment.
Sakaja Says Recruitment Followed the Law
Addressing the court, Sakaja said he immediately initiated the process after receiving the judgment.
“My Lord, I was made aware of the judgment that required us to commence a process that culminates in the substantive appointment of the office of the County Secretary, and we fully complied with those directives,” Sakaja told the court.
However, the governor explained that the appointment involves a three-stage process under Section 44 of the County Governments Act.
According to Sakaja, the process begins with the formation of a selection panel. The panel then advertises the position, receives applications, shortlists candidates and submits the names to the governor.
The governor then forwards the nominee to the Nairobi City County Assembly for vetting and approval.
First Nominee Rejected by County Assembly
Sakaja informed the court that the first nominee for the position, Dr Jarius Mumba, failed to secure approval from the County Assembly.
He added that his office had since nominated Dr Machel Waikenda and forwarded his name to the County Assembly on Wednesday, July 29, 2026, for vetting and approval.
“My Lord, the nomination has now been placed before the Nairobi City County Assembly, and the ensuing vetting and approval process falls within the constitutional and statutory mandate of the County Assembly and is therefore beyond my unilateral control,” Sakaja said.
The governor argued that the Assembly alone has the constitutional authority to conduct vetting and decide whether to approve or reject the nominee.
Lawyer Opposes Contempt Proceedings
Sakaja’s lawyer, Adrian Kamotho, urged the court not to cite the governor for contempt, arguing that his client had consistently worked towards complying with the court order.
“My Lord, we have already been able to demonstrate through the evidence presented by the first respondent that there has been a consistent effort towards compliance,” Kamotho submitted.
The lawyer also told the court that Sakaja’s office had maintained continuous engagement with the Office of the Speaker of the Nairobi City County Assembly throughout the recruitment process.
Court to Deliver Ruling in September
After hearing submissions from both sides, Justice Gregory Mutai scheduled the matter for September 30, 2026, when he will deliver a ruling on whether the governor complied with the court’s directive and whether contempt proceedings should proceed.
The outcome of the case could determine the future of the recruitment process for Nairobi’s County Secretary and clarify the governor’s obligations under the court order.
