By Erestinah Jane | July 7, 2026
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, with Justice Francis Gikonyo affirming that court orders must be obeyed and enforced.
In a ruling delivered at the Milimani High Court, Justice Gikonyo dismissed Kerich’s application seeking to halt the custodial sentence, reaffirming an earlier finding that the former county official was in 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 directed that the sentence be implemented immediately, assigning the responsibility for executing the committal order to the police.
“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 made it clear that the sentence would be custodial, with no alternative penalty available.
“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 an unexpected power outage interrupted his internet connection during the virtual court session in which the sentencing ruling was delivered, preventing him from fully participating in the proceedings.
The application, however, failed to persuade the court, which maintained that the contempt proceedings and resulting sentence should stand.
The contempt case stems from the Nairobi County Government’s failure to comply with a court order issued in November 2024 directing the payment of KSh106.7 million in outstanding legal fees to Kwengu and Company Advocates. The legal fees arose from a broader KSh142 million decree awarded to Foton East Africa Ltd.
On May 19, the High Court found Kerich guilty of contempt after determining that the county had failed to honour the court’s directive despite having sufficient notice of the order.
Following the custodial sentence, Nairobi Governor Johnson Sakaja suspended Kerich from his position and appointed Ibrahim Auma Nyangoya as the acting County Executive Committee Member for Finance and Economic Planning pending further developments.
The legal dispute has also widened to include Governor Sakaja. Kwengu and Company Advocates have filed separate applications seeking to have the governor cited for contempt, alleging that he authorised official travel arrangements that placed Kerich beyond the reach of the court’s committal warrant. The allegations remain before the court for determination.
The latest ruling underscores the judiciary’s continued insistence on compliance with court orders, particularly by public officials entrusted with implementing judicial decisions. It also serves as a reminder that contempt of court may attract personal sanctions where government officials fail to execute lawful court directives.
The matter is expected to remain before the courts as related contempt proceedings and enforcement applications continue.
