The High Court has declined to suspend a three-month jail sentence imposed on suspended Nairobi County Finance Executive Committee Member Charles Kerich for contempt of court, ordering him to report immediately to Industrial Area Remand Prison.
In a ruling delivered on Tuesday, Justice Francis Gikonyo dismissed Kerich’s application seeking to set aside or stay the custodial sentence, saying there was no legal basis to interfere with the court’s earlier decision.
“I decline to set aside or suspend the sentence imposed by this court,” Justice Gikonyo ruled, directing Kerich to surrender immediately to begin serving the sentence.
The court found that Kerich had failed to comply with lawful court orders requiring Nairobi County to settle KSh106.7 million in legal fees despite being granted sufficient time to implement the decree.
Justice Gikonyo emphasized that compliance with court orders is a fundamental pillar of the rule of law, adding that public officials are equally bound by judicial directives.
The contempt proceedings arose from Nairobi County’s failure to honour a court decree awarding KSh106.7 million in legal fees. Kerich was cited in the matter because, as the County Executive Committee Member for Finance, he was responsible for overseeing the county’s finances and ensuring compliance with court-ordered payments.
The High Court had previously directed the county to settle the outstanding amount, but the orders were not implemented, prompting the successful litigants to institute contempt proceedings against Kerich.
After finding that the court orders had been deliberately disobeyed, Justice Gikonyo sentenced Kerich to three months’ imprisonment without the option of a fine.
Kerich subsequently returned to court seeking to have the sentence suspended or vacated. However, the High Court dismissed the application, reaffirming its earlier ruling and ordering the suspended county official to begin serving the custodial sentence immediately.
The ruling underscores the judiciary’s continued insistence on accountability and reinforces the principle that public officials are not exempt from complying with court orders.
