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

The fresh application asks the High Court to respond to an alleged breach of a court-approved payment plan. Kwengu & Company Advocates filed it in a Sh106.7 million legal-fees dispute involving Nairobi County. Justice Francis Gikonyo certified the application as urgent, meaning the court will treat the request as requiring prompt attention.

The lawyers want a three-month jail sentence previously imposed on former Finance Executive Charles Kerich reinstated. They also want Sakaja, current Finance County Executive Committee Member Ibrahim Auma Nyangoya, and Chief Officer for Finance Asha Abdi held accountable. The claimed breach is the alleged failure to pay Sh76.7 million.

The urgency certification does not itself prove that the officials breached the order or guarantee imprisonment. It moves the application forward for consideration by the court. The next outcome will depend on the court’s assessment of the payment plan, the alleged non-payment, and each official’s responsibility.

The officials named in the application are Nairobi Governor Johnson Sakaja, former Finance Executive Charles Kerich, current Finance County Executive Committee Member Ibrahim Auma Nyangoya, and Chief Officer for Finance Asha Abdi. Kwengu & Company Advocates want them held accountable for an alleged failure to honour a court-approved payment plan.

Kerich’s possible three-month sentence is not being sought for the underlying legal-fees dispute alone. The article says the sentence was previously imposed and that the lawyers now seek its reinstatement. That makes the alleged breach of the court-approved plan the key issue connected to his possible imprisonment.

The article does not state that the court has made a final finding against the officials. It reports an urgent application seeking these remedies. The court must therefore consider whether the payment obligation was breached and whether each named official should face personal consequences.

The overall dispute concerns Sh106.7 million in legal fees. That is the larger figure describing the legal-fees claim involving Nairobi County officials and Kwengu & Company Advocates. It establishes the financial scale of the case before the High Court.

The lawyers claim that Sh76.7 million remains unpaid. Their application seeks to reinstate Kerich’s three-month jail sentence and hold Sakaja, Nyangoya, and Abdi accountable over the alleged failure to pay that amount. The article does not explain whether the remaining Sh30 million has been paid or how the figures break down.

The difference between the two figures matters because the alleged breach is tied specifically to the unpaid Sh76.7 million, not simply to the total claim. The court must decide whether the payment plan was breached and what consequences, if any, should follow.

A court-approved payment plan is an agreement or schedule for paying money that has been accepted or recorded by a court. It matters because the plan becomes part of the court’s directions, rather than remaining only a private promise between the parties. The article identifies such a plan but does not give its instalments or deadlines.

A breach generally occurs when a party misses a required payment or otherwise fails to follow the plan’s terms. In this case, Kwengu & Company Advocates allege that Sh76.7 million was not paid as required. They have therefore asked the High Court to revive a sentence against Kerich and pursue accountability for other officials.

The alleged breach still requires judicial consideration. A court may examine the order’s wording, the payment history, explanations for non-payment, and who was responsible for compliance. Only then can it decide whether enforcement or contempt-related consequences are justified.

When a court orders payment, failure to comply can lead the successful party back to court for enforcement. The court may require payment, impose financial sanctions, or make other coercive orders. If disobedience is treated as contempt, imprisonment can be possible in some circumstances, but it is not automatic.

The reported application illustrates that process. Kwengu & Company Advocates say a court-approved payment plan was not honoured and seek the reinstatement of a three-month jail sentence previously imposed on Kerich. They also seek accountability for Sakaja, Nyangoya, and Abdi over the alleged failure to pay Sh76.7 million.

The High Court’s urgent certification only advances the application. It does not establish liability or decide the punishment. The court will need to consider the payment order, the alleged non-compliance, and the officials’ individual roles before imposing or restoring any sanction.

A county government and its officials are separate legal actors, but officials may still face personal consequences for disobeying a court order. The reason is that contempt focuses on a person’s conduct: whether that person knew about the order, had responsibility or control over compliance, and deliberately or improperly failed to follow it.

That distinction appears in this case. The application concerns Nairobi County’s alleged failure to pay legal fees, yet it names Governor Johnson Sakaja, Finance officials Ibrahim Auma Nyangoya and Asha Abdi, and former Finance Executive Charles Kerich. The lawyers seek accountability because these officials may be connected to implementing the payment arrangement.

Personal imprisonment is not automatic merely because a county owes money. The court must assess the order, notice, responsibility, and alleged conduct. The article reports an urgent application, not a final finding that any named official personally disobeyed the court.

Normally, a lawyer or firm first obtains a judgment, order, or court-approved settlement confirming the amount owed. If payment does not follow, the creditor can ask the court to enforce that decision through the procedures available in the jurisdiction. The exact process for recovering money from a public body varies by law and is not provided in the article.

In this case, the lawyers point to a court-approved payment plan in a Sh106.7 million legal-fees dispute. They allege that Sh76.7 million remains unpaid. Their fresh application seeks urgent court action, including reinstating Kerich’s three-month sentence and holding three other officials accountable.

Public bodies must obey judgments because government authority operates under law, and court orders cannot be optional for public institutions. Compliance also protects successful creditors and the credibility of the justice system. If payment is disputed or delayed, the proper response is to seek clarification, variation, or lawful enforcement—not simply ignore the order.