Charles Kerich serves as Nairobi County’s executive committee member for Mobility.
Justice Patricia Nyaundi rules that Bryan Yongo must first pursue statutory procedures before seeking court intervention.
The High Court has struck out the Kerich removal petition, finding that businessman Bryan Yongo approached it prematurely. Yongo sought to remove Nairobi County Executive Committee Member for Mobility Charles Kerich over alleged gross misconduct.
Justice Patricia Nyaundi upheld Kerich’s preliminary objection because Yongo had not exhausted the statutory removal procedures. She ruled that the Governor, Nairobi County Assembly and Ethics and Anti-Corruption Commission held the initial mandate.
The judge said courts could intervene only after a demonstration that the relevant authority had failed to act.
Why the Kerich removal petition failed
Kerich challenged the case as premature, incompetent and an abuse of court process. He argued that Yongo had bypassed the mechanisms for removing a county executive committee member.
He also maintained that the court lacked jurisdiction to initiate his removal without the prescribed procedures. His objection relied on the Constitution and the County Governments Act.
Yongo, however, argued that statutory procedures could not restrict the court’s constitutional enforcement mandate. He said the case raised broader constitutional accountability questions that justified an exception to the exhaustion requirement.
He therefore urged Justice Nyaundi to reject the objection and allow a full hearing. The judge instead upheld the objection and struck out his petition for approaching the court too early.
Contempt finding prompted removal bid
Yongo’s case centred on a High Court contempt finding against Kerich on October 14, 2025. The finding concerned failure to settle a legal fees debt owed to Kwengu and Company Advocates.
At the time, Kerich held Nairobi County’s Finance and Economic Affairs portfolio. The court sentenced him to three months in prison but later lifted the committal orders following a debt settlement agreement.
Kerich consequently avoided serving the prison term after agreeing to settle the Sh106 million debt. The agreement included an immediate Sh30 million payment and further instalments.
Yongo argued that the contempt finding and alleged failure to purge it disqualified Kerich under Article 75(3) of the Constitution. He also sought declarations of constitutional violations and gross misconduct under Section 40 of the County Governments Act.
In addition, he wanted the court to compel Governor Johnson Sakaja to remove Kerich within 30 days.
