Nairobi Governor Johnson Sakaja/HANDOUT

The High Court has directed former Nairobi County Finance Chief Charles Kerich to appear in person on December 7, 2026, as a dispute over Sh76.7 million in unpaid legal fees owed to Kwengu & Company Advocates returns to court.

Justice Francis Gikonyo also ordered Governor Johnson Sakaja and two county officials, Ibrahim Auma Nyangoya and Asha Abdi, to respond within 14 days to applications seeking to have them cited for contempt over the county government’s failure to honour court-ordered payments.

The case arises from a November 27, 2024, ruling by Justice Mabeya, which directed the Nairobi County Government to pay the law firm Sh106.7 million from funds owed to Foton East Africa Ltd.

Kerich was subsequently convicted of contempt of court for non-compliance with the payment order and sentenced to three months in prison on May 19, 2026.

The parties later reached a settlement, which the court adopted on July 16, providing for payment in three instalments: Sh30 million immediately, Sh36.7 million by October 15 and the remaining Sh40 million by December 15.

However, the advocates say the county paid only the initial Sh30 million, leaving an outstanding balance of Sh76,736,841.

Under the agreement, failure to meet the payment schedule would automatically lift the stay on execution, allowing the law firm to pursue recovery of the outstanding amount.

In a fresh application filed on October 28, Kerich asked the court to remove him from the contempt proceedings, arguing that he ceased serving as Nairobi County’s finance chief in June 2026.

He maintains that he no longer controls the county’s financial accounts and cannot authorise payments, arguing that responsibility for implementing the settlement now lies with the official currently holding the finance portfolio.

The application seeks to distinguish his former administrative responsibilities from the county government’s present obligations under the court-approved agreement.

The law firm has opposed the request, describing it as “premature, defective and legally incompetent”.

In its grounds of opposition, the county also characterises the application as “misconceived, frivolous and vexatious”, urging the court to dismiss it as an abuse of the judicial process.

Meanwhile, the advocates have asked the court to declare the settlement breached, pursue contempt proceedings against additional county officials and compel payment of the outstanding legal fees.

The court is expected to consider the dispute when the matter comes up on December 7, with Kerich required to attend in person.