High Court dismisses Brian Yongo’s petition seeking removal of Nairobi CECM Charles Kerich

NAIROBI, Kenya Nov 12 – The High Court has dismissed a petition seeking to remove Nairobi County Executive Committee Member (CECM) for Mobility Charles Kerich from office over alleged gross misconduct arising from his previous conviction for contempt of court.

Justice Patricia Nyaundi struck out the petition filed by businessman Bryan Yongo, ruling that it was premature because the petitioner had failed to exhaust the statutory procedures provided for removing a county executive committee member.

The judge upheld a preliminary objection raised by Kerich, finding that the matter fell within the mandate of the Governor, the Nairobi County Assembly and the Ethics and Anti-Corruption Commission (EACC), rather than the courts at the initial stage.

Justice Nyaundi said the court could only intervene where it was demonstrated that the relevant body or authority mandated by law had failed to act.

Yongo had argued that Kerich was unfit to continue holding public office following a High Court finding that he was in contempt of court on October 14, 2025, over failure to settle a legal fees debt owed to Kwengu and Company Advocates.

At the time, Kerich was serving as Nairobi County Executive Committee Member for Finance and Economic Affairs. He had been sentenced to three months in prison but avoided serving the term after the court lifted the committal orders following an agreement to settle the Sh106 million debt.

Under the agreement, Kerich undertook to make an immediate payment of Sh30 million, with the outstanding balance of Sh73.4 million payable in two instalments of Sh36.7 million each.

Yongo argued that the contempt finding and alleged failure to purge it disqualified Kerich from holding public office under Article 75(3) of the Constitution. He also sought declarations that Kerich had violated constitutional provisions and committed gross misconduct under Section 40 of the County Governments Act.

The petitioner further wanted an order compelling Nairobi Governor Johnson Sakaja to remove Kerich from office within 30 days.

However, Kerich challenged the petition, arguing that it was premature, incompetent and an abuse of court process because the petitioner had failed to invoke the statutory mechanisms for removing a county executive committee member.

He maintained that the court lacked jurisdiction to initiate his removal without the prescribed procedures under the Constitution and the County Governments Act.

In response, Yongo argued that the court’s constitutional mandate to enforce the Constitution could not be restricted by statutory procedures. He maintained that the petition raised broader questions of constitutional accountability that justified an exception to the doctrine of exhaustion.

He urged the court to dismiss the preliminary objection and allow the petition to proceed to a full hearing.

Justice Nyaundi, however, upheld the objection and struck out the petition, finding that the petitioner had approached the court prematurely.

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