Nairobi Governor Sakaja Johnson has told the High Court that he has complied with court orders requiring the appointment of a substantive County Secretary, arguing that the process is now awaiting approval by the Nairobi City County Assembly.

Appearing before Justice Gregory Mutai, Sakaja testified under oath that he has already forwarded the nomination of Dr Machel Waikenda to the County Assembly after a fresh recruitment process, and that the remaining stages are beyond his control.

The Governor told the court that the initial nominee for the position had been rejected by the County Assembly, necessitating the constitution of a new selection panel to undertake a fresh competitive recruitment process before forwarding another nominee for approval.

Sakaja maintained that he had not defied any court order, insisting that he had complied with both the Constitution and the court’s judgment by initiating and overseeing the lawful recruitment process.

He explained that the appointment of a County Secretary is a three-stage constitutional process involving the empanelment of a selection committee, the Governor’s nomination of a successful candidate and vetting and approval by the County Assembly.

Through his lawyer, Dr Adrian Kamotho, the Governor told the court that he would be “the last person” to disobey a court order.

“As a show of good faith and compliance with the court, both I and the Acting County Secretary, Godfrey Akumali, attended today’s court session to explain the position regarding the matter before the court,” Sakaja told Justice Mutai.

The Governor and the Acting County Secretary appeared in court following an application filed by petitioners Kasichana Riziki Mumba and John Saidi Nyanje, who are seeking to have the two cited for contempt over the alleged failure to appoint a substantive County Secretary since 2018.

However, Dr Kamotho urged the court to dismiss the contempt application, arguing that Sakaja only assumed office after the August 2022 General Election and could not be held personally responsible for delays predating his tenure.

Counsel for the petitioners, Dr Owiso Owiso, acknowledged the steps taken by the Governor towards resolving the dispute but urged the court to take judicial notice of the prolonged delay in filling the office.

In response, Sakaja reiterated that the appointment process is not a one-man exercise but a constitutional process involving the County Assembly, which is currently on recess. He informed the court that he had already transmitted Dr Waikenda’s nomination to the Speaker of the Nairobi City County Assembly on July 27, and that the matter now rests with the Assembly for vetting and approval.The ruling will be on 30th, September this year