Nairobi Governor Johnson Sakaja appeared in court on Wednesday to explain why he should not be held in contempt over his failure to appoint a County Secretary despite a court order directing him to do so.
Sakaja was required to personally appear before the court after petitioners accused him of failing to comply with orders issued on December 5, 2025.
The orders required him to initiate a competitive recruitment process and appoint a County Secretary within 60 days.
Nairobi Governor Johnson Sakaja in court on July 29, 2026/LEAH MUKANGAIThe petitioners moved to have the governor cited for contempt and committed to civil jail or subjected to any other penalty the court may deem appropriate.
While appearing in court, Sakaja was asked to explain the steps he had taken to comply with the order.
The governor told the court that he acted immediately after becoming aware of the judgement and instructed the county attorney to take the necessary steps to implement it.
“As soon as I was made aware of the judgement, I directed the county attorney to execute it which I received. I did everything required of me,” Sakaja told the court.
The governor, however, explained that appointing a County Secretary was not a decision he could make alone, arguing that the process involves several constitutional and statutory actors.
When asked whether he could proceed with the appointment without input from other parties, Sakaja said the constitutional system provided checks and balances that prevented him from acting unilaterally.
“Fortunately not. We have systems of check and balances in our Constitution. There are different players to be involved,” he said.
Sakaja told the court that the process begins with the selection panel, which is required to conduct the recruitment and make recommendations before the governor can proceed with the next stage.
He also pointed to the involvement of members of the public in the process, saying they are given an opportunity to give their views.
The governor further referred to provisions of the County Governments Act governing the appointment process, including the role of the county assembly in vetting the nominee.
Sakaja confirmed that once the selection panel completes the recruitment process and makes its recommendation, his role is to forward the nominee to the county assembly for consideration.
He said he no longer controls the process once the nominee has been forwarded to the assembly.
“Once I forwarded as I did to the Speaker of the County Assembly, it’s not in my hands, it’s in their court for them to follow the process,” he told the court.
The governor’s explanation came as the petitioners sought to have him held personally responsible for what they describe as continued non-compliance with the court’s directive.
The litigants are seeking orders citing Sakaja for contempt, requiring him to appear in person and committing him to civil jail or imposing another penalty as the court considers appropriate.
They argue that failure to enforce the court orders risks undermining public confidence in the judiciary and has continued to affect service delivery in Nairobi because the county remains without a substantive County Secretary.
Sakaja’s defence team, however, urged the court to dismiss the contempt application, maintaining that the governor had taken steps towards implementing the court’s orders.
