Ex-MCA files petition to remove Sakaja over gross misconduct

Nairobi governor Johnson Sakaja from office has been initiated two-and-a- half years since he was elected as the third governor.

The first attempt was spearheaded by the late Joel Munuve, former Kariobangi North Member of County Assembly.

However, on Monday June 30, 2025, a fresh process was started by former Korogocho MCA, Maxwell Ochar.

Through a petition filed at the Office of Assembly Clerk, Ochar has accused Sakaja of gross misconduct and abuse of office.

Ochar argues that the Assembly has the powers to remove the governor under Standing Order 213 once it is subjected to public participation. The former MCA stated that the Constitution holds state officers accountable to the public for their decisions and actions, as key principles of leadership and integrity.

“Section 181(i) and (c) of the Constitution of Kenya 2010, along with Section 33 of the County Government Act 2012 and Standing Order 68 of Nairobi County Assembly outlines the grounds for a county governor’s impeachment,” Ochar said.

He added that the county boss has failed to perform his duties professionally, transparently, and accountably.

“Sakaja has violated the oath of office, breached the Constitution, abused his position, and his conduct is unacceptable,” Ochar said, urging the County Assembly to proceed with impeachment.

He stated the process is fully supported by Article 181 (1) and (b) of the constitution of Kenya 2010, Section 33 of the County Government Act, 2012 and the County Assembly Standing Order No 68 and 2013.

The former MCA further asked the Assembly to remove the governor from the office based on the recent demonstrations in Nairobi city on June 17, 2025.

The petitioner claimed that goons, allegedly hired by the governor, were attempting to intimidate or coerce peaceful protestors through threats or violence, aiming to maintain power through force against those exercising their democratic rights.

“In cognizant of Kenya Gazette notice, number 2728 (2019) HE Governor Johnson Sakaja has deliberately disobeyed the same which waived all rent arrears for Nairobi County properties accrued before April 30, 2019,” the petitioner stated.

The petitioner argued that the governor falsely claimed tenants owed over 15 years of rent, while the maximum after waivers is 74 months (6 years and 2 months), a violation of Section 12 of the Interpretation and General Provisions Act and Article 73(1) on integrity in public office.

The petitioner also stated that criminal gangs, in collusion with some county staff, were involved in the unlawful eviction of tenants from county houses and land, without the required court orders under Section 152B of the Land Act.

Under the charge of gross misconduct, the petitioner highlighted that the governor was appointing unqualified personnel to critical positions, such as security. Additionally, the petitioner accused the governor of appointing an acting County Secretary who lacked the qualifications for the role and neglecting job opportunities for people with disabilities.

“The matters in this petition are not pending before any court or legal body, and we pray that the Honourable Nairobi City County Assembly removes the governor by impeachment based on the above grounds,” Ochar stated.

However, Nairobi County Assembly Speaker Kennedy Ngondi insisted that for the petition to proceed, it must be supported by strong evidence, including documents.

“It must be well-supported with enough evidence because issues like the recent claims of goons hired to disrupt demonstrations in Nairobi are difficult to prove,” Ngondi stated.

Minority Leader Anthony Kiragu added that while any member of the public has the right to file a petition, it must meet the required standards in terms of formatting, procedure and proper addressing.

“If it meets that, then the standing orders are clear—it will be sent to the relevant committee for consideration,” he explained.

Deputy Minority Leader Waithera Chege agreed that the public can file a petition through the county assembly to consider the removal of a sitting governor. “But for the impeachment motion to begin, it must be introduced and moved by a sitting member. That’s very clear,” the Nairobi South MCA stated.

This is not the first time such a move has been discussed. In 2024, the late Munuve, former MCA for Kariobangi North, had started gathering signatures from his counterparts to oust the governor.