Nairobi Governor Sakaja Johnson has defended his administration against claims of failing to appoint a substantive County Secretary, telling the High Court that the recruitment process has reached its final stage and now depends on action by the Nairobi City County Assembly.
While appearing before Justice Gregory Mutai on Wednesday, the Governor said he had already completed the responsibility assigned to his office by forwarding the nomination of Dr Machel Waikenda for consideration by the County Assembly after a fresh recruitment exercise.
Sakaja explained that the recruitment process had to start afresh after the Assembly rejected the first nominee, forcing the county government to form a new selection panel and conduct another competitive hiring process before identifying a new candidate.
He told the court that he had complied with both the Constitution and the earlier court judgment, maintaining that he had not ignored or violated any court order.
According to the Governor, appointing a County Secretary is a constitutional process that involves three separate stages: the formation of a selection panel, nomination by the Governor and approval by the County Assembly after vetting.
Represented by lawyer Dr Adrian Kamotho, Sakaja insisted he had no reason to disobey the court.
"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 Acting County Secretary Godfrey Akumali appeared in court following an application by petitioners Kasichana Riziki Mumba and John Saidi Nyanje, who want the two held in contempt for the continued failure to fill the County Secretary position, which has remained vacant since 2018.
Dr Kamotho asked the court to throw out the contempt application, arguing that Sakaja assumed office after the August 2022 General Election and should not be blamed for delays that occurred before he became Governor.
Lawyer for the petitioners, Dr Owiso Owiso, acknowledged that progress had been made in the appointment process but urged the court to take into account the many years the office has remained without a substantive holder.
Sakaja, however, maintained that the process cannot be completed by the Governor alone because the Constitution also requires approval by the County Assembly. He told the court that Dr Waikenda's nomination was forwarded to the Speaker of the Nairobi City County Assembly on July 27 and is now awaiting vetting once the Assembly resumes from recess.
Justice Gregory Mutai is expected to deliver his ruling on the contempt application on September 30 this year.