Charles Kerich summoned for sentencing over Sh76.7m debt

 

Nairobi County executive Charles Kerich. [File, Standard]

The High Court has summoned Nairobi County Transport Chief Charles Kerich for sentencing over a Sh76.7 million legal fees debt.

Kerich, who is a former Finance Chief, has been ordered to appear in person on December 7, 2026, at 2.30pm over the debt owed to Kwengu & Company Advocates.

Justice Francis Gikonyo directed Kerich to appear in open court after the law firm moved to enforce a three-month jail sentence imposed on him for contempt of court over failure to comply with orders requiring payment of the outstanding legal fees.

"The contemnor is required to appear in person in open court on December 7, 2026, at 2:30pm," Justice Gikonyo ordered.

The judge also ordered Nairobi Governor Johnson Sakaja, County Finance Chief Ibrahim Auma Nyangoya and Chief Officer for Finance Asha Abdi, who are also accused of failure to pay the law firm the legal fees as earlier ordered, to be served with the contempt of court applications and directed them to file their responses within 14 days.

The court directed that the pending applications be heard together on December 7, when Kerich is expected to appear personally as the law firm presses for enforcement of the committal order.

The directions came as lawyers for Kwengu & Company Advocates pressed for enforcement of a suspended three-month jail sentence against Kerich after he allegedly failed to honour a court-approved payment agreement.

The law firm, through lawyer Evans Ogado, told the court that the consent entered into in July had been breached and sought full payment of the outstanding Sh76,736,841 within seven days, alongside enforcement of the committal order against Kerich.

“We will now be invoking Section 7 of that consent and demand full payment of the outstanding Sh76,736,841 within seven days, and also seek the committal of Kerich to civil jail," Lawyer Ogado told the judge

The lawyers also asked the court to require Kerich to attend proceedings personally so that the issue of his suspended sentence could be addressed.

"When that sentence is being passed, my Lord, we seek to have Kerich ordered to personally appear in open court at the next mention date so that the court can deal with the issue of the suspended sentence," Ogado said.

Kerich, however, through his lawyers Duncan Okatch and Jacob Ngwele, informed the court that their client had since been transferred from the Finance docket to the Mobility and Transport department, arguing that he no longer oversees the county’s financial operations.

His lawyers maintained that the outstanding payment fell due after he had left the Finance docket and that responsibility for settling the debt now rests with the officials currently in charge of the county’s finances.

Okatch further told the court that Kerich had paid the initial Sh30 million from his own pocket, arguing that his client had already made a personal contribution towards settling the debt.

“When we were last before you, My Lord, we indicated that he had actually gone into his own pocket and paid Sh30 million,” he told the court.

Kerich, through his lawyers, also opposed the applications seeking enforcement of the suspended jail sentence, arguing that the court needed to give directions on how the various applications should be handled.

His legal team told the court that they had filed grounds of opposition dated October 28, 2026, but needed more time to obtain instructions and respond to the application served on them.

“My Lord, it has been very difficult to be able to obtain instructions with respect to the application,” his lawyer told the court, seeking time to file a response.

Kwengu & Company Advocates wants the court to compel the county to settle the outstanding amount and enforce the orders against officials accused of failing to honour the payment arrangement.

The dispute stems from court orders issued in 2022 compelling Nairobi City County Government to pay legal fees amounting to Sh106,736,841.83 owed to the law firm in a matter involving Foton East Africa Limited.

Justice Gikonyo found Kerich guilty of contempt in October 2025 and sentenced him to three months’ imprisonment on May 19, 2026.

The court issued a committal order directed to the Officer Commanding Central Police Station.

However, enforcement of the sentence was temporarily suspended after the parties entered into a consent payment arrangement, which was adopted as a court order on July 16, 2026.

Under the agreement, Kerich paid Sh30 million upfront, leaving an outstanding balance of Sh76,736,841.83.

The remaining amount was to be paid in two instalments, with Sh36,736,841 due on October 15, 2026, and Sh40 million on December 15, 2026.

The law firm says the first instalment was not paid by the October 15 deadline, triggering a clause allowing it to pursue enforcement of the committal order.

The consent provided: “THAT in default of payment in full, the stay shall automatically lapse, and the Advocate/Respondent shall be at liberty to execute the warrant of committal and to pursue all other lawful modes of execution for the entire outstanding sum.”

Through lawyers Ogado and Cliff Oduk, the law firm has asked the court to compel payment of the outstanding Sh76,736,841 within seven days and allow enforcement of the committal order.

The lawyers argue that the stay on Kerich’s imprisonment automatically lapsed after the missed payment deadline, leaving the firm free to pursue execution of the sentence.

The firm has also sought orders requiring Sakaja, Nyangoya and Abdi to show cause why they should not be cited for contempt over the alleged failure to settle the debt.

It wants them committed to civil jail for six months or subjected to other appropriate penalties unless they purge the alleged contempt by paying the outstanding amount.

Keric has filed an application dated October 28 seeking to be struck out of the contempt proceedings, arguing that he no longer controls the county’s finances after being transferred from the Finance docket to Transport.

In the application, he argues that the payment obligation attaches to the person currently holding the Finance portfolio and that he no longer controls the county's treasury or bank accounts.

He contends that the second instalment fell due more than four months after he left the Finance docket and that he cannot be held responsible for a default occurring outside his control.

Kwengu & Company Advocates has opposed the application, arguing that Kerich was personally convicted of contempt and entered into the July consent in his own name.

The firm further argues that the change of portfolio does not erase liability for contempt already established by the court.

The firm has also challenged the participation of Kerich's additional lawyers from JN & P Law Advocates LLP, arguing that the change of representation was not made in accordance with the applicable procedure governing changes of advocates after judgment.

The dispute is the latest attempt by the law firm to recover the legal fees, with the December 7 proceedings expected to determine the pending applications and the next steps in enforcing the court’s orders.