Former Nairobi County Finance Executive Charles Kerich is facing the possibility of imprisonment after lawyers representing a Nairobi law firm accused him of failing to comply with a court-approved agreement requiring payment of Sh36.7 million by October 15, 2026.
The development has revived a three-month jail sentence that Kerich previously avoided after reaching a settlement with Kwengu & Company Advocates in July.
In a letter addressed to Inspector-General of Police Douglas Kanja, the law firm's lawyers demanded enforcement of the earlier committal order, arguing that Kerich had failed to meet the agreed payment deadline.
The dispute involves approximately Sh106.7 million in legal fees owed to the law firm following litigation involving Nairobi County and Foton East Africa Limited.
Kerich had initially been sentenced to three months in prison on May 19, 2026, after the High Court found that court orders requiring settlement of the outstanding legal fees had not been obeyed.
Justice Francis Gikonyo issued the sentence following contempt proceedings arising from the prolonged failure to comply with the payment directives.
However, Kerich secured a reprieve in July after the parties negotiated a payment arrangement that was subsequently adopted by the court.
Under the agreement signed on July 8, Kerich made an initial payment of Sh30 million, leaving approximately Sh76.7 million outstanding.
The settlement required a second payment of Sh36.7 million by October 15, followed by a final instalment of Sh40 million scheduled for December 15, 2026.
The arrangement allowed the High Court to lift the earlier imprisonment order, with the understanding that Kerich would comply with the agreed payment schedule.
According to the law firm, the October instalment was not received by the deadline, triggering provisions that could allow enforcement of the original sentence.
The lawyers maintain that the suspension of the committal order was conditional on full compliance with the settlement agreement.
They have therefore requested that the Inspector-General direct officers at Nairobi's Central Police Station to execute the imprisonment order once the lapse of the suspension is formally confirmed.
The law firm has also indicated that it is unwilling to grant further extensions, arguing that the settlement provided sufficient time for the outstanding amount to be paid.
The latest development comes approximately three months after Kerich was spared imprisonment following the initial Sh30 million payment.
At the time, Justice Gikonyo acknowledged the settlement and lifted the committal order after finding that Kerich had demonstrated willingness to comply with the court's directions.
The decision temporarily resolved the immediate threat of imprisonment, although the remaining financial obligations continued under the negotiated agreement.
The dispute has also attracted attention because of Kerich's position within Nairobi County's administration.
He previously served as the county's Finance and Economic Planning Executive under Governor Johnson Sakaja before becoming embroiled in the legal battle over the unpaid fees.
His legal difficulties intensified earlier in the year when the court ordered his imprisonment, prompting questions about compliance with judicial decisions involving public officials.
Following the July settlement, Kerich was seen attending a County Executive Committee meeting chaired by Sakaja on July 21, signalling his return to county executive activities after the earlier proceedings.
The renewed arrest threat now raises questions about whether the outstanding instalment will be settled before enforcement action proceeds.
The law firm's lawyers have indicated that the matter will be brought before the court when proceedings resume on October 29.
Although the lawyers are seeking his arrest, the latest reports do not establish that Kerich has already been taken into custody.
The dispute also highlights the consequences of failing to comply with court orders, particularly where parties have entered into agreements intended to resolve existing contempt proceedings.
