Nairobi Governor Johnson Sakaja could spend up to six months behind bars after a workers’ union moved to court accusing him of defying a binding collective bargaining agreement (CBA), escalating a dispute that now threatens to turn into a full-blown contempt of court case.
The Kenya County Government Workers Union has petitioned the Employment and Labour Relations Court to summon Sakaja alongside five senior Nairobi County officials for allegedly failing to implement a legally registered CBA, despite clear court orders.
At the heart of the dispute is a landmark ruling delivered in November 2024, which struck down advisories issued by the Salaries and Remuneration Commission (SRC) and reaffirmed public workers’ constitutional right to collective bargaining. The court directed that the negotiated CBA be resubmitted to the SRC for advice and, if unresolved, be formally registered for enforcement.
That process was completed on May 28, 2025, when the CBA was officially registered—making it legally binding under Section 59 of the Labour Relations Act. Once registered, a CBA automatically becomes part of employees’ contracts and must be implemented without delay.
However, the union says Nairobi County has blatantly ignored the agreement for months, leaving more than 10,000 county workers in financial distress after banking on improved pay and working conditions.
“This is not just a labour issue—it is a direct affront to the authority of the court,” the union argues in its filings, warning that continued defiance could attract contempt sanctions, including fines or a jail term of up to six months.
County officials have attempted to explain away the delay, blaming administrative bottlenecks within the Ministry of Public Service and Human Capital Development. They cite the failure to upload the CBA into the Human Resource Information System (HRIS) and claim several letters have been written seeking intervention.
But the union has dismissed that defence, insisting that bureaucratic hiccups are no excuse under the law. “Once a CBA is registered, implementation is mandatory,” the union maintains.
If the court agrees, Governor Sakaja could soon find himself personally on the hook—marking one of the most serious legal tests of his administration and sending a strong signal to county bosses nationwide that court orders are not optional.
