Court order ‘fugitive’ Nairobi County ex-Finance boss Kerich to surrender to prison, denied fine option

Suspended Nairobi County Finance executive Charles Kerich has been ordered to surrender immediately to Industrial Area Remand Prison after the High Court declined to suspend his three-month jail sentence for contempt of court over the county’s failure to pay Sh106.7 million in legal fees.

Delivering the ruling earlier today, Justice Francis Gikonyo dismissed Kerich’s plea to stay the sentence pending the hearing of four applications challenging his imprisonment and warned that failure to surrender would see him treated as a fugitive and arrested without delay.

“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 after Kerich appeared virtually before the Milimani High Court for the first time since the sentence was issued.

The judge directed that Kerich report immediately to Industrial Area Remand Prison to begin serving the three-month jail term, which was imposed without the option of a fine.

Justice Gikonyo further ordered that if Kerich fails to surrender, police should arrest him immediately.

“If he continues like that, then this court will treat him as a fugitive,” the judge warned.

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

Although the court declined to halt the sentence, it validated four applications filed by Kerich’s newly appointed legal team and directed that they be heard orally on July 29, 2026.

During the proceedings, Kerich’s lawyer, Duncan Okatch, urged the court to grant his client temporary relief until the applications are determined, arguing that Kerich had demonstrated respect for the court by appearing virtually and had never gone into hiding.

“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.

The lawyer argued that all responses to the applications had already been filed, making them ready for hearing.

“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,” he told the court.

Okatch also informed the court that Kerich ceased serving as the substantive County Executive Committee Member for Finance on June 5, 2026, saying another official had since taken over the position.

He urged the court to take judicial notice of the change, noting that an application addressing the issue had already been filed.

Justice Gikonyo, however, declined to consider the substantive arguments immediately, saying Kerich’s new advocates had only just come on record and their applications first needed to be formally 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 added that he was fully conversant with the matter, having presided over the case from the beginning.

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

After validating the applications, the court scheduled them for oral hearing on July 29 but declined to interfere with the existing custodial sentence.

Lawyer Gordon Ogado, appearing for Kwengu and Company Advocates, urged the court to enforce its earlier orders by compelling Kerich to surrender to prison immediately, arguing that he had already been found guilty of contempt and should begin serving the sentence without further delay.

Justice Gikonyo agreed, reiterating that Kerich must immediately report to prison and warning that any continued failure to comply would result in his arrest and treatment as a fugitive.