The High Court has given former Nairobi County Finance Executive Charles Kerich three days to surrender himself to prison authorities to begin serving a three-month prison sentence for contempt of court, in a ruling delivered on July 7, 2026.
Justice Francis Gikonyo directed Kerich to report to Industrial Area Remand Prison to and begin serving the sentence imposed in May.
The order comes after the court rejected a request by Kerich’s legal team to stay the sentence, with the judge insisting that compliance with court orders could not be suspended merely because fresh applications had been filed.
“I decline to set aside or suspend the sentence imposed by this court. If he can present himself to court, let him present himself to the relevant authority,” Justice Gikonyo ruled.
The ruling marks another chapter in the months-long legal battle between Kerich and Kwengu & Company Advocates over Sh106.7 million in unpaid legal fees owed by Nairobi County.
The court found that Kerich, as the officer overseeing the finance docket, was responsible for ensuring compliance with court-ordered debts, including the sum owed to the law firm.
The High Court had issued orders directing Nairobi County to settle the outstanding amounts. However, the county failed to comply, prompting the law firm to file contempt of court proceedings against Kerich for allegedly failing to enforce the court’s directives.
Justice Gikonyo emphasized that obedience to court orders is a fundamental principle of the rule of law and that public officials are not above judicial directives.
On May 19, 2026, Kerich was found guilty of contempt of court and was sentenced to three months’ imprisonment.
Kerich did not surrender after the May 19 sentencing, despite the court’s order directing police to arrest him and commit him to prison.
The matter returned to court as Kerich, represented by a new legal team, appeared virtually before Justice Gikonyo. His lawyer, Duncan Okatch, told the court that Kerich’s absence was not deliberate, as he was away on an official government-sponsored trip.
According to an affidavit filed before the court, Kerich had travelled to the United States for an official training programme following clearance issued by the Office of the Deputy President Kithure Kindiki on May 12, 2026.
“We have demonstrated the reasons why, unfortunately, he was not in court when the matter came up on May 19. The travel had been cleared by the Government of Kenya. We have availed that evidence,” Okatch submitted.
Kerich’s legal team sought to have the sentence stayed, arguing that he had not deliberately absconded from court proceedings and that he remained an honest, law-abiding citizen.
Okatch also argued that Kerich had formally ceased serving as the finance docket after his suspension on June 5, meaning that he was no longer the substantive office holder tied to the dispute.
Lawyer Gordon Ogado, representing Kwengu & Company Advocates, objected to the request, arguing that the contemnor could not continue disobeying court orders while seeking the court’s discretion.
He said Kerich had remained in defiance of the court for close to two months since the sentence was imposed and had never surrendered despite the outstanding warrant of arrest.
“The reputation of the court is at stake. It cannot make orders which can be disobeyed with impunity and then be asked to reopen its own decision,” Ogado said.
The court ruled that the newly filed applications could only be considered after they had been properly placed before the court and validated procedurally.
The judge warned that if Kerich failed to surrender within three days, police would immediately arrest him, and the State would treat him as a fugitive from justice.
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