Sakaja tells court appointment of Nairobi County Secretary is underway

Appearing before Justice Gregory Mutai, Sakaja said he had initiated the process in line with the Constitution and the law.

He explained that his first nominee was rejected by the County Assembly, prompting the formation of a new selection committee, which later recommended Dr Waikenda.

The governor said the appointment of a County Secretary is a three-step process involving the selection committee, the governor's nomination, and approval by the County Assembly.

Testifying through his lawyer, Dr Adrian Kamotho, Sakaja 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 to demonstrate good faith and update the court on the progress made.

The governor appeared in court following an application by petitioners Kasichana Riziki Mumba and John Saidi Nyanje, who want Sakaja and Acting County Secretary Godfrey Akumali cited for contempt for failing to appoint a substantive County Secretary, a position that has remained vacant since 2018.

However, Dr Kamotho urged the court to dismiss the application, arguing that Sakaja only assumed office in August 2022 and could not be blamed 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, through lawyer Dr Owiso Owiso, maintained that Sakaja was fully aware of the court judgment and had been in continuous correspondence regarding the appointment process.

While acknowledging the steps taken by the governor, they urged the court to take into account the prolonged delay in filling the office.

They also reminded the court that the order issued on 5 December 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 27 July 2026 for consideration and approval.

Justice Gregory Mutai will deliver his ruling on the contempt application on 30 September 2026.