Court Orders Nairobi County Assembly to Pay Ksh7 Million for Failing to Communicate Vetting Outcome
In a landmark decision that strengthens accountability in public service recruitment, the Employment and Labour Relations Court has ordered the Nairobi County Assembly and its Speaker to jointly pay Ksh7 million to a job applicant for failing to communicate the outcome of his vetting. The judgment, delivered on Wednesday, November 5, 2025, found that the Assembly’s silence in the case of Mr. Halkano Dida Waqo—who was nominated for the position of County Chief Officer for Housing and Urban Renewal—violated his constitutional rights to access information and fair administrative action. Justice Byram Ongaya ruled that the Assembly’s inaction amounted to an unlawful breach of duty and a denial of procedural justice.
The case arose after Mr. Waqo’s nomination on April 15, 2024, and subsequent vetting by the County Assembly’s Lands, Planning, and Housing Committee on May 6, 2024. Unlike six other nominees who were approved, Mr. Waqo never received any communication regarding the status of his application. The committee failed to table its report within the legally required 21 sitting days, leaving the process incomplete and the applicant in uncertainty. In his petition, Mr. Waqo argued that the prolonged silence caused him emotional distress, reputational harm, and financial losses, as he had declined other job offers in anticipation of the appointment. Justice Ongaya agreed, ruling that the Assembly’s failure to table or communicate the outcome of the vetting was an egregious violation of due process.
While the court clarified that vetting does not automatically guarantee appointment, it emphasized that every candidate is entitled to a fair and transparent process. The Ksh7 million compensation was awarded as general damages for the psychological suffering and constitutional breaches endured by Mr. Waqo. The court further directed that the amount be paid by January 2026, with interest accruing thereafter if unpaid. The Nairobi County Governor and the County Government were absolved of liability, with the blame resting solely on the Assembly and its Speaker. Legal analysts have hailed the ruling as a milestone for public sector integrity, warning government bodies against administrative negligence and reinforcing the principle that silence in official recruitment processes constitutes a violation of constitutional rights.