High Court Cancels Jail Term for Former Nairobi Finance Boss Charles Kerich
When the matter came back to court on Thursday, the lawyers told Justice Gikonyo that they had reached a consent, meaning an agreement.
Former Nairobi County Finance Executive Charles Kerich. Photo: Courtesy.
By Robert Mutasi
Former Nairobi County Finance Executive Charles Kerich will not go to jail after the High Court cancelled a three-month jail term that had been issued against him.
Justice Francis Gikonyo at the Milimani High Court made the decision on Thursday, July 16, after he was told that Kerich and the other party had agreed on how to pay a long-standing debt.
What was the case about?
The case was about legal fees of Sh106 million. The money was owed to a law firm called Kwengu and Company Advocates. The law firm had done work for Nairobi County, but had not been fully paid for many years.
Because the county had not paid, the law firm went to court. The court had ordered Kerich, who was the Finance Executive at the time, to make sure the money was paid.
When the money was still not paid, the court found him guilty of contempt of court. Contempt of court means disobeying or disrespecting a court order. For that, earlier this month, the court had ordered him to surrender within three days to start serving a three-month jail sentence. The court also said if he failed to surrender, police should arrest him immediately.
What changed on Thursday?
When the matter came back to court on Thursday, the lawyers told Justice Gikonyo that they had reached a consent, meaning an agreement.
Under the new agreement, Kerich has already paid Sh30 million immediately to the law firm. The remaining balance will be paid in small instalments according to a payment schedule that was presented to the court.
The court was also told that the delay in payment was not because Kerich refused to pay, but because of slow bureaucratic processes inside Nairobi County government. Even when there is money, it takes many approvals and signatures before it can be released.
What did the judge say?
Justice Gikonyo said he was satisfied that Kerich had shown remorse and willingness to obey the court. Remorse means he was sorry and ready to correct his mistake.
“The court is satisfied that he has demonstrated remorse and willingness to comply with its orders. The committal order is hereby lifted,” the judge ruled.
This means the order that sent him to jail for three months has now been removed. He will not be arrested and will not be treated as a fugitive.
The case shows a common problem in counties, where pending bills and legal fees take many years to be paid due to bureaucracy, leading to court battles that affect individual officers even after they leave office.
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