Court orders suspended Nairobi Finance CEC Charles Kerich to begin three-month jail term for contempt

Court orders suspended Nairobi Finance CEC Charles Kerich to begin three-month jail term for contempt

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The court held that Kerich had failed to obey lawful court orders despite being granted sufficient time to comply, prompting the contempt proceedings that culminated in the jail term.

Suspended Nairobi County Finance Executive Committee Member Charles Kerich has been ordered to report immediately to Industrial Area Remand Prison after the High Court declined to halt a three-month jail sentence imposed for contempt of court.
Justice Francis Gikonyo issued the directive on Tuesday after dismissing Kerich's application seeking to suspend or set aside the custodial sentence. Kerich appeared before the court virtually during the proceedings.
The judge maintained that the sentence, issued over Kerich's failure to comply with court orders relating to the payment of Sh106.7 million in legal fees, would remain in force.
"I decline to set aside or suspend the sentence imposed by this court," Justice Gikonyo ruled, directing Kerich to surrender to Industrial Area Remand Prison immediately.
The court held that Kerich had failed to obey lawful court orders despite being granted sufficient time to comply, prompting the contempt proceedings that culminated in the jail term.
The ruling means the suspended county official will serve three months in prison after the court found no basis to interfere with its earlier decision. The sentence was imposed without the option of paying a fine.
During the proceedings, the court emphasised that obedience to court orders is a fundamental principle of the rule of law and that public officials are equally bound to comply with judicial directives.
The contempt case stems from the Nairobi County government's failure to settle Sh106.7 million in legal fees awarded following previous court proceedings.
Kerich, who served as the County Executive Committee Member for Finance, was cited in the matter because of his role in overseeing the county's finances and implementing court-ordered payments.
The High Court had previously directed the county to honour the decree, but the orders were not complied with, leading 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 moved back to court seeking to have the sentence suspended or vacated, arguing that the imprisonment should not take effect.
However, the judge rejected the application, reaffirming that the sentence would stand and ordering the suspended county official to report to prison immediately.

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