A dispute over the purpose of Charles Kerich's trip to the United States has cast renewed attention on the Nairobi Finance Executive, with county officials and court filings offering conflicting accounts while an arrest warrant issued against him remains unexecuted.
The differing explanations have emerged as Kerich remains out of the country despite a three-month civil jail sentence imposed by the High Court for contempt of court.
Kerich was sentenced on May 19 by Justice Francis Gikonyo after failing to comply with court orders directing him to pay Sh106.7 million in legal fees to Kwengu and Company Advocates for services rendered on behalf of Foton East Africa Ltd.
His absence recently became a matter of concern at the Nairobi County Assembly's Implementation Committee after he failed to appear before members as required.
In a letter to the committee, Acting County Secretary Godfrey Akumali said Kerich was unable to attend because he was away in the United States on official county business.
“We wish to inform you that the County Executive Committee Member is currently in the United States of America on official assignment. We kindly request that his appearance before the Committee be rescheduled,” Akumali wrote.
The committee, chaired by Majority Leader Peter Imwatok, agreed to postpone the appearance but directed county officials to provide evidence that Kerich was undertaking official duties.
Imwatok asked the county administration to furnish details of the trip, including travel documents, the purpose of the visit, its duration and the expected return date.
Kerich is expected back in the country on July 10.
However, documents filed before the High Court tell a different story about the reason for his travel.
In an application seeking to suspend the arrest orders issued against him, Kerich stated that he travelled to the United States after developing serious health complications that required urgent specialised treatment.
“Subsequent to the issuance of the said orders, I developed serious complications necessitating urgent medical attention and treatment abroad under the care of specialist medical practitioners,” he said in a supporting affidavit.
He further told the court that his condition required strict adherence to medication and treatment prescribed by specialists.
Despite those arguments, Justice Peter Mulwa on June 23 dismissed his application seeking to halt the civil jail sentence.
The ruling left in place the arrest warrant earlier issued by Justice Gikonyo and directed to the Officer Commanding Station at Central Police Station.
The warrant has not been executed because Kerich has remained outside the country since it was issued.
Amid the uncertainty surrounding his absence, Governor Johnson Sakaja appointed Ibrahim Nyangoya Auma as the substantive County Executive Committee Member for Finance to oversee the department ahead of the county budget reading.
The conflicting accounts provided by the county government and Kerich himself have continued to fuel questions over the circumstances of his stay in the United States as legal proceedings arising from his contempt of court conviction remain unresolved.