The Employment and Labour Relations Court has ordered the Nairobi County Assembly and its Speaker to compensate a job seeker Ksh7 million for violating his constitutional rights after they failed to communicate the outcome of his vetting for a senior county position.
In a judgment delivered by Justice Byram Ongaya in Waqo vs Governor, Nairobi City County & 3 others (Petition E117 of 2025), the court found that the Assembly and its Speaker breached Articles 35 and 47 of the Constitution, which guarantee the right to access information and the right to fair administrative action.
The petitioner, Halkano Dida Waqo, had been nominated on April 15, 2024, for the position of County Chief Officer for Housing and Urban Renewal.
His name was published in a public notice alongside six other nominees.
Following a vetting exercise by the Lands, Planning, and Housing Committee of the County Assembly on May 6, 2024, Waqo expected to be informed of the outcome.
Why Nairobi County Will Pay
However, the Assembly never tabled or debated the report on his suitability, leaving him without any formal communication months after the vetting process had been completed.
Also Read: Cleanshelf Supermarket Ordered to Pay Ksh 500,000 for Humiliating Customer
Waqo told the court that the prolonged silence caused him emotional distress, reputational harm, and financial loss, as he declined other professional opportunities in anticipation of the appointment.
He said the Assembly’s failure to communicate amounted to administrative negligence and violated the constitutional principles of transparency, accountability, and good governance.
The court heard that while six other nominees were approved for their respective positions, Waqo’s nomination was inexplicably excluded from consideration after the committee failed to table its report within the 21 sitting days required under the
Public Appointments Act, 2017
When the petitioner later sought clarification, neither the Assembly nor the Speaker provided any explanation or official feedback.
Justice Ongaya ruled that the County Assembly and its Speaker failed to discharge their statutory duties under the law and had effectively “aborted the vetting process,” infringing on the petitioner’s rights.
Also Read: Supreme Court Wins Prestigious African Bar Award for Judicial Excellence
“The 3rd and 4th respondents violated the petitioner’s rights under Articles 35 and 47 of the Constitution when they failed to prepare, table, and communicate the outcome of the vetting report,” the judge said.
The court, however, declined to find that Waqo had a legitimate expectation of automatic employment, ruling that vetting does not guarantee appointment.
The judge found that the Assembly’s failure to act was unlawful and procedurally unfair.
The Nairobi County Governor and the County Government were cleared of direct liability, as their involvement ended with the nomination process.
The court instead placed full responsibility on the County Assembly and its Speaker, ordering them to jointly pay Ksh 7 million in general damages for violating constitutional rights and the emotional suffering endured by the petitioner.
Follow our WhatsApp Channel and X Account for real-time news updates
