Court summons Charles Kerich, Governor Sakaja over Sh76.7 million legal fees debt

Court summons Charles Kerich, Governor Sakaja over Sh76.7 million legal fees debt

The dispute stems from a November 27, 2024, order by Justice Mabeya directing Nairobi County government to pay Kwengu & Company Advocates Sh106.7 million from money owed to Foton East Africa Ltd.

The High Court has summoned former Nairobi County Finance Chief Charles Kerich to appear in person on December 7, 2026, at 2:30 pm over a Sh76.7 million legal fees debt owed to Kwengu & Company Advocates.

Justice Francis Gikonyo also ordered Governor Johnson Sakaja and two other county officials, Ibrahim Auma Nyangoya and Asha Abdi, to file responses within 14 days to applications seeking to cite them for contempt of court over the failure to pay the debt as ordered.

The dispute stems from a November 27, 2024, order by Justice Mabeya directing Nairobi County Government to pay Kwengu & Company Advocates Sh106.7 million from money owed to Foton East Africa Ltd.

Kerich was subsequently found guilty of contempt of court for failing to comply with the payment order and was sentenced to three months in prison on May 19, 2026.

The parties later entered into a consent adopted by the court on July 16, 2026, providing for payment in three instalments: Sh30 million immediately, Sh36.7 million by October 15, and Sh40 million by December 15.

However, the advocates say only the first instalment was paid, leaving Sh76,736,841 outstanding.

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Under the consent, default in payment would cause the stay of execution to lapse, allowing the advocates to pursue enforcement measures over the unpaid amount.

In a fresh application filed on October 28, Kerich is seeking to be removed from the contempt proceedings, arguing that he no longer serves as the county’s finance chief and has no authority over its financial accounts.

He wants the court to recognise that responsibility for implementing the payment obligations now rests with the current office-holder rather than him personally.

Kerich argues that he left the finance docket in June 2026 and can no longer authorise payments from county accounts.

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

In its grounds of opposition, the county further argues that the application is “misconceived, frivolous and vexatious” and should be dismissed for being an abuse of the court process.

The advocates had also asked the court to declare that the consent had been breached, pursue contempt proceedings against additional county officials and compel payment of the outstanding sum.

The case returns to court on December 7.