The Employment and Labour Relations Court has ordered the Nairobi County Assembly and its Speaker to jointly pay Ksh7 million in damages to a former nominee for County Chief Officer for Housing and Urban Renewal, ruling that his constitutional rights were violated during an aborted vetting process.
In a judgment delivered last week, Justice Byram Ongaya found that the Assembly and its Speaker acted unlawfully in handling the vetting of Halako Dida Waqo, who was nominated by Governor Johnson Sakaja in April 2024 but never received any official communication on the outcome.
Despite being shortlisted, gazetted, and vetted, Waqo’s nomination stalled after the Lands, Planning, and Housing Committee failed to table its vetting report before the full Assembly for approval: a mandatory requirement under the Public Appointments (County Assemblies Approval) Act.
“The 3rd and 4th respondents violated the petitioner’s rights under Articles 35 and 47 of the Constitution and the national values and principles of governance under Article 10,” Justice Ongaya ruled, faulting the Assembly for “abdicating its mandatory statutory and constitutional obligations” and acting “in a most callous and whimsical manner.”
The judge said the Assembly’s failure to conclude the vetting process or communicate its outcome breached Waqo’s rights to fair administrative action and access to information, especially after his repeated inquiries went unanswered.
Although the court declined to overturn subsequent reassignments or compel the Assembly to revisit the lapsed vetting, it awarded Ksh7 million in general damages, payable jointly and severally by the Assembly and the Speaker.
“The award serves as both compensatory and deterrent, ensuring public organs uphold transparency, accountability, and due process,” Justice Ongaya stated, noting that the Assembly’s conduct caused Waqo emotional distress, reputational harm, and financial loss.
The court cleared Governor Sakaja and the Nairobi City County Government of any wrongdoing, affirming that they had fulfilled their legal duty by nominating Waqo and forwarding his name for vetting in accordance with the law.
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