Nairobi Governor Johnson Sakaja on Wednesday told the High Court that he has forwarded the name of Dr Machel Waikenda to the Nairobi County Assembly for vetting and approval as county secretary, saying he had complied with a court order requiring him to initiate the appointment process.
Appearing before Justice Gregory Mutai, Governor Sakaja said he had complied with the court's December 5, 2025 order directing him to begin the appointment process for a substantive county secretary in accordance with the Constitution and relevant laws.
The governor explained that his first nominee for the position was rejected by the County Assembly, prompting the formation of a new selection panel to identify another suitable candidate.
According to Sakaja, the panel shortlisted 10 candidates, from whom he selected Dr Waikenda. The nominee's name was forwarded to the Speaker of the Nairobi County Assembly on July 27, 2026, for vetting and approval.
Through his lawyer, Adrian Kamotho, the governor denied allegations that he had disobeyed the court order.
"I initiated the process of appointing a county secretary as directed by the court. I would be the last person to disobey a court order," Mr Sakaja said.
He added that both he and Acting County Secretary Godfrey Akumali had appeared in court in good faith to explain the steps taken and the challenges encountered in implementing the court's directive.
"As a demonstration of good faith and compliance with the court order, we appeared before this court to explain the difficulties we have encountered in complying with the order. The current position is that I have already submitted a nominee to the County Assembly for approval," he said.
The county boss appeared in court following an application by petitioners Kasichana Riziki Mumba and John Saidi Nyanje, who are seeking to have him and Mr Akumali cited for contempt of court and committed to civil jail for allegedly failing to appoint a substantive county secretary — a position that has remained vacant since 2018.
Dr Kamotho urged the court to dismiss the contempt application, arguing that it lacked merit. He submitted that Sakaja, who assumed office in August 2022, could not be held responsible for delays dating back to 2018.
The lawyer further argued that the petitioners had failed to meet the legal threshold for contempt proceedings, as they had not demonstrated proper service of the court order or complied with the procedural requirements for instituting contempt proceedings.
"There has been no non-compliance with the law and, therefore, the application is defective," Dr Kamotho argued.
He added that the petitioners had merely established that the governor was aware of the judgment, which in itself did not amount to contempt.
The petitioners, through lawyer Dr Owiso Owiso, argued that Governor Sakaja had full knowledge of the judgment and had been in continuous correspondence regarding the appointment of the county secretary.
While acknowledging the steps taken by the governor, Dr Owiso urged the court to take judicial notice of the prolonged delay in filling the office. He reminded the court that the order issued on December 5, 2025, was one of mandamus, compelling the governor to initiate the appointment process for a substantive county secretary.
Responding, Sakaja maintained 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. He noted that the assembly is currently on recess, meaning the process cannot be concluded until members resume sitting.
"My intention is to fill the position of county secretary in accordance with the law and in the best interests of the people of Nairobi," Mr Sakaja told the court.
Mr Akumali also denied disobeying any court order, telling the judge that he currently serves as acting county secretary and County Executive Committee Member for Housing.
Justice Gregory Mutai is expected to deliver his ruling on the contempt application on September 30, 2026.
