Charles Kerich ordered to surrender to Industrial Area Prison

Suspended Nairobi Finance CEC Charles Kerich. [File, Standard]

Suspended Nairobi Finance CEC Charles Kerich has been ordered to surrender to Industrial Area Remand Prison immediately after the High Court declined to suspend his three-month jail term for contempt of court over unpaid KSh106.7 million in legal fees.

Justice Francis Gikonyo of Milimani High Court ordered Kerich, who appeared in court virtually for the first time on Tuesday morning, to immediately present himself at the prison facility without further delay and declined to set aside his earlier order sentencing him to three months' imprisonment without the option of a fine.

"I am not going to suspend my order. If he can present himself to court, let him present himself to the relevant authority," Justice Gikonyo ruled.

The judge further warned that should Kerich fail to surrender, police should arrest him immediately and treat him as a fugitive.

The contempt proceedings arise from Kerich's failure to comply with a court order requiring the Nairobi County Government to pay Sh106.7 million in legal fees to Kwengu and Company Advocates.

The court, however, directed that Kerich's four pending applications challenging the sentence be heard orally on July 29, 2026, after validating the applications filed by his new legal team.

During the proceedings, Kerich's lawyer Duncan Okatch urged the court to grant his client temporary relief pending the hearing of the applications, arguing that he had demonstrated respect for the court by appearing virtually and had not 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.

He argued that all the applications had already been responded to and were ready for hearing, adding that it would be fair to hear them before requiring Kerich to begin serving the sentence.

"If, after hearing us, the court finds that the sentence should still run, then it will run. All we are asking is that you allow us to persuade the court. If we fail, your pen is still there," the lawyer told the court.

Counsel further maintained that Kerich had not gone into hiding and remained available to the court.

The lawyer also informed the court that Kerich ceased being the substantive County Executive Committee Member for Finance on June 5, 2026, arguing that his position had already been taken over by another official.

Kerich Lawyer added that the court could take judicial notice of the change and noted that an application addressing the issue had already been filed.

Justice Gikonyo, however, declined to consider the substantive arguments immediately, observing that the new advocates for Kerich led by Lawyer Okatch had only just come on record and that their applications first needed to be validated.

"First things first. You have not even come on record. Your applications have not been validated yet. That is where we should start before I consider all these other arguments," the judge said.

He noted that he had handled the matter from the outset and was well acquainted with its history.

"I have handled this matter from the beginning. I know what has happened in this case," he stated.

After validating the applications, the judge fixed application for oral hearing on July 29 but declined to interfere with the existing sentence.

 Lawyer Gordon Ogado for the Kwengu and Company Advocates urged the court to enforce its earlier orders by compelling Kerich to surrender before the prison facility within three days, arguing that Kerich had already been found guilty of contempt and should comply with the sentence without delay.

Justice Gikonyo ordered that Kerich must immediately present himself to the relevant prison authorities and warned that should he fail to do so, law enforcement officers should arrest him without delay.

"If he continues like that, then this court will treat him as a fugitive," the judge directed.