The High Court has declined to suspend orders committing suspended Nairobi County Executive Committee (CEC) Member for Finance and Economic Planning Charles Kerich to a three month jail term for contempt of court.
While delivering his ruling, Justice Francis Gikonyo, maintained that there was no basis to halt the sentence, insisting that Kerich should submit himself to the relevant authorities instead of seeking temporary relief from the court.
“I am not going to suspend my order. If he can present himself to court, let him present himself to the relevant authority,” the judge ruled.
The decision followed an application by Kerich’s lawyer, Duncan Okatch, who urged the court to stay the execution of the sentence pending the hearing and determination of applications challenging the contempt orders.
Okatch argued that Kerich had demonstrated respect for the court by attending the proceedings virtually and had not deliberately absconded.
“My Lord, he is a law-abiding person. He comes before you with honesty and humility. All we are asking is that you give him the benefit of the doubt until the applications before you are heard,” Okatch submitted.
However, Advocate Gordon Ogado, appearing for Kwengu and Company Advocates, opposed the application and urged the court to compel Kerich to surrender to law enforcement officers within three days.
“My Lord, before you pen off, may the contemnor, the sentenced person, be ordered to appear before the authorities within three days,” Ogado told the court.
In response, Justice Gikonyo held that there was no need for such directions, saying the existing orders were clear and should be enforced immediately by the police.
“The police should be able to arrest him immediately. Let them do their work, and if he continues like that, we will treat him as a fugitive,” the judge said.
Kerich was sentenced to three months’ imprisonment after the court found him guilty of contempt for failing to comply with orders requiring Nairobi County to pay Sh106.7 million to Kwengu and Company Advocates.
The money was to be remitted from funds owed by the county government to Foton East Africa Limited pursuant to an earlier court decree.
Justice Gikonyo had previously ruled that despite being served with the court orders and a Certificate of Order against the Government, Kerich failed to ensure compliance, amounting to deliberate disobedience of lawful court orders. The court subsequently issued warrants directing police to arrest and commit him to prison.
The ruling comes weeks after Nairobi Governor Johnson Sakaja suspended Kerich from office and appointed Ibrahim Auma Nyangoya to act in the finance docket following the contempt conviction.
The matter will be mentioned on July 29, 2026, when the court is expected to hear the pending oral applications.
