Judge certifies fresh bid to jail Sakaja, Charles Kerich over Sh76.7m debt as urgent

Nairobi Governor Johnson Sakaja. [File, Standard]

The High Court has certified as urgent a fresh application seeking to have Nairobi Governor Johnson Sakaja, former Finance Executive Charles Kerich and two other county officials jailed over an alleged breach of a court-approved payment plan in a Sh106.7 million legal fees dispute.

Justice Francis Gikonyo certified the application by Kwengu & Company Advocates seeking to reinstate a three-month jail sentence previously imposed on Kerich and hold Sakaja, current Finance County Executive Committee Member Ibrahim Auma Nyangoya and Chief Officer for Finance Asha Abdi accountable for the alleged failure to pay Sh76.7 million.

In directions issued on Tuesday, October 19, the judge ordered that the application dated October 17 be served and responses filed within seven days.

“The application dated 17.10.26 is certified to be urgent. The matter will be heard on October 29,” the judge directed.

The application also seeks to have Sakaja summoned to personally explain why he should not be cited for contempt, if it is established that he instructed or procured the failure to comply with the payment agreement.

The latest development sets the stage for a fresh legal battle over enforcement of the committal order against Kerich, which was suspended after the parties negotiated a settlement providing for payment of the outstanding legal fees in instalments.

The fresh case comes after last week the law firm wrote to Inspector-General of Police Douglas Kanja on October 15, seeking enforcement of the committal order against Kerich following the lapse of the reprieve he secured through the negotiated settlement.

The lawyers contend that the county breached a consent adopted by the court on July 16 after failing to pay a second instalment of Sh36.7 million that fell due on October 15.

Under the agreement, the county was to pay Sh30 million immediately, a further Sh36,736,841 by October 15 and the final Sh40 million by December 15, 2026.

According to the fresh application, only the first instalment has been paid, leaving an outstanding balance of Sh76,736,841.

The firm wants the court to declare that the consent has been breached and that the earlier committal order issued on May 19 has been reinstated following the missed payment deadline.

The advocates want Sakaja, Nyangoya and Abdi to appear in court and show cause why they should not be punished for disobeying the consent order.

They further seek their committal to civil jail for six months, or another term determined by the court, unless the outstanding Sh76.7 million is paid.

The dispute stems from a November 27, 2024, order compelling Nairobi County to remit Sh106,736,841.83 to Kwengu & Company Advocates from money owed to Foton East Africa Limited.

On October 9, 2025, Justice Gikonyo found Kerich, who was then the county's Finance and Economic Planning executive, guilty of contempt for failing to comply with the payment order.

The court subsequently sentenced him to three months in prison on May 19, 2026, directing the Officer Commanding Central Police Station to execute the committal order.

Kerich later secured a reprieve after the parties negotiated a payment plan, which was adopted by the court on July 16. The arrangement suspended the committal order on condition that the agreed payments were made.

Clause seven of the consent, cited in the new application, provides: “in default of payment in full, the stay shall automatically lapse, and the Advocate/Respondent shall be at liberty to execute the warrant of committal and to pursue all other lawful modes of execution for the entire outstanding sum.”

The advocates argue that the missed instalment automatically brought the reprieve to an end, leaving the earlier committal order enforceable.

They say they issued payment demands on August 10, September 30 and October 15, but the money was not remitted and no satisfactory explanation or payment proposal was provided.

The firm further argues that changing the holder of the county's finance docket does not extinguish the county's obligation to settle the decree, and that the officials currently responsible for managing public funds should facilitate compliance.

The lawyers have also asked the court to compel the county to pay the entire outstanding balance within seven days.

The matter returns to court on October 29, when the parties are expected to address the fresh application alongside earlier pending applications in the long-running dispute.