The High Court has declined to suspend the three-month prison sentence imposed on former Nairobi County Executive Committee Member (CECM) for Finance Charles Kerich, reaffirming that court orders must be respected and enforced.
In a ruling delivered at the Milimani High Court, Justice Francis Gikonyo dismissed Kerich’s application seeking to halt the custodial sentence after he was found guilty of contempt of court.
“The contemnor, Charles Kerich, the County Executive Committee Member for Finance, Nairobi County Government, is hereby sentenced to serve three months in prison,” Justice Gikonyo ruled.
The judge further ordered that the sentence take immediate effect, directing police to execute the committal order.
“The court further orders that the committal be executed by the Officer Commanding Station (OCS) of the Central Police Station, Nairobi,” the judge said.
Justice Gikonyo also ruled out any alternative punishment, stating: “The sentence is to be served in prison without the option of a fine.”
Kerich had asked the court to suspend the sentence, arguing that a power outage disrupted his internet connection during the virtual court session in which the sentencing decision was delivered, preventing him from fully participating in the proceedings. However, the court found no basis to overturn or suspend the sentence.
The contempt proceedings stem from the Nairobi County Government’s failure to comply with a November 2024 court order directing the payment of KSh106.7 million in outstanding legal fees to Kwengu and Company Advocates. The fees form part of a wider KSh142 million decree awarded to Foton East Africa Ltd.
On May 19, the High Court found Kerich in contempt after determining that the county had failed to implement the court’s directive despite being aware of the order.
Following the ruling, Nairobi Governor Johnson Sakaja suspended Kerich from office and appointed Ibrahim Auma Nyangoya as the acting County Executive Committee Member for Finance and Economic Planning.
Meanwhile, the legal battle has expanded, with Kwengu and Company Advocates seeking to have Governor Sakaja cited for contempt over claims that he facilitated travel arrangements that placed Kerich beyond the reach of the court’s committal warrant. The application remains pending before the court.
