Nairobi Governor Johnson Sakaja is now staring at a civil jail term after a law firm accused him in court of aiding his Finance CEC, Charles Kerich, in his alleged flight to Dubai following Kerich's sentencing to three months in prison for contempt of court.
The new revelations emerged in a case filed at the Milimani High Court on Friday, May 30, which terms Sakaja as the principal author of what Kwengu & Company Advocates describe as a calculated conspiracy to defeat the authority of the court, one that now ensnares the Governor, his Finance CEC, and the Inspector General of Police in an escalating constitutional crisis.
The fresh lawsuit seeks to have Sakaja cited for contempt of court and committed to civil jail over allegations that he facilitated Kerich's departure from Kenya to evade a prison sentence arising from the county's failure to settle a Sh106.7 million decree owed to the law firm.
On May 19, Justice Francis Gikonyo sentenced Kerich for contempt of court, after the Nairobi County persistently defied a November 2024 an order to pay Sh106,736,841.83 to the advocates from Sh142 million owed to Foton East Africa Limited pursuant to an earlier decree dated June 29, 2023.
The order directed the Officer Commanding Station, Central Police Station, Nairobi, to arrest Kerich and commit him to prison.
Justice Gikonyo imposed the sentence, noting that despite being served, neither the respondents, including Nairobi County, nor the interested party, Kerich, filed any response opposing the contempt proceedings.
Nearly two weeks later, Kerich remains a free man, and according to court papers filed by the law firm through lawyer Cliff Oduk, he is not even in the country.
In a parallel development that adds a fresh dimension to the saga, Kerich moved court on May 26 through lawyer Duncan Okatch seeking an urgent suspension of the committal order, arguing he was denied a fair hearing when the sentence was delivered.
In an affidavit, Kerich says that the sentence was delivered in his absence because a power outage cut off his internet connection during the virtual court session.
"The sentence was delivered in my absence as well as my Advocate's absence because we were together in Counsel's chambers at the time of the virtual court session and had logged into court, but quite unfortunately, electricity went out, which affected the internet," Kerich stated.
However, Justice Peter Mulwa, handling the Kerich case on behalf of Justice Gikonyo, who is on leave, declined to certify the application as urgent and refused to suspend the sentence.
In directions issued on May 28, Justice Mulwa ruled: "The applications are not certified urgent. To be served upon the respondent and replies filed within 10 days of service, with corresponding leave for the applicant to file further affidavits, case to be heard on July 7, 2026."
Rather than surrender himself to lawful custody, Kerich, who failed to secure orders to suspend his jail term, reportedly departed Kenya for Dubai, United Arab Emirates, under the cover of an official county trip.
In a supporting affidavit, advocate Appel Kwengu alleges that Governor Sakaja played a central role in facilitating the departure.
"I am further reliably informed, and verily believe to be true, that the flight of the 1st Contemnor (Kerich) out of the jurisdiction was procured, sanctioned, and actively facilitated by Governor Sakaja, who authorised Kerich to travel ostensibly on official duty to place him beyond the reach of the committal warrant," Lawyer Kwengu states.
That allegation is sharpened by Kerich's own conduct as indicated in a letter to the IG Douglas Kanja seen by the Standard Newspaper last week by the law firm demanding the execution of the committal order, alleging that Kerich had been openly boasting following his sentencing that he was "connected to the system" and that "no police officer can arrest him."
In its case, Kwengu & Company Advocates have asked the court to find Sakaja guilty of contempt and commit him to civil jail, because he knowingly aided and abetted the evasion of a lawful court order by allegedly assigning and authorising Kerich's departure for official duties abroad.
"The court be pleased to commit Sakaja to civil jail for a term to be determined by the Court for the said contempt," the law firm seeks.
"The Governor is not a passive bystander to the contempt of Kerich; he is its brain-child, its catalyst and its principal author, having procured, sanctioned and facilitated both the non-payment of the decretal sum and the flight of Kerich beyond the reach of the committal warrant," lawyer Oduk states.
The application also seeks orders compelling security agencies, including the IG, the DCI, and the Director of Immigration Services, to arrest Kerich and produce him before the court.
In addition, the applicant accuses the IG Kanja of failing to enforce the committal order despite being aware of the court's directive served.
Court documents further argue that the county has the financial capacity to pay the debt, citing the county's 2025/26 budget estimates of Sh44.6 billion, with a specific allocation for settlement of pending bills and legal fees.
Kerich's legal troubles have deepened further after Nairobi businessman Bryan Yongo filed a separate case seeking his immediate removal from office following the contempt conviction and sentence.
Yongo argues that Kerich can no longer lawfully continue serving as Finance CEC while under a custodial sentence, and is seeking court orders barring him from exercising any powers or duties attached to the influential finance docket at city hall.
"The change of circumstances is not incremental but transformative. Kerich is no longer merely a State officer found in contempt of court; he is now a State officer sentenced to prison and cannot continue holding public office."
