Kenyan Court Dismisses Petition to Remove Nairobi County Minister Charles Kerich

The High Court of Kenya has dismissed a petition seeking the removal of Nairobi County Executive Committee Member (CECM) for Mobility Charles Kerich from office. The petition, filed by Bryan Yongo, alleged gross misconduct by Mr. Kerich due to his previous conviction for contempt of court. However, Justice Patricia Nyaundi ruled that the petition was premature, citing the petitioner's failure to exhaust the statutory mechanisms for removing a county executive committee member.

According to Justice Nyaundi, the petitioner was essentially asking the court to intervene in a matter that fell under the jurisdiction of the Governor, the County Assembly, and the Ethics and Anti-Corruption Commission (EACC). The judge stated that the court would only intervene if it was demonstrated that the body or individual mandated by law to handle the matter had failed to act. Mr. Yongo had argued that Mr. Kerich was unfit to hold public office after being found in contempt of court last year for failing to settle a legal fees debt.

The contempt of court case against Mr. Kerich arose from his failure to settle a Sh106 million debt owed to Kwengu and Company Advocates. He was then the CECM in charge of Finance and Economic Affairs. Although he faced a three-month jail term, the court lifted the orders after he agreed to a payment plan, including an immediate payment of Sh30 million. The outstanding balance was to be paid in two instalments of Sh36.7 million each. Mr. Kerich attributed the delay in settling the debt to county government bureaucracy.

Mr. Yongo argued that Mr. Kerich was disqualified from holding any other State office under Article 75(3) of the Constitution. He sought declarations that Mr. Kerich had violated several constitutional provisions and was unfit to continue holding State office under Articles 73 and 75 of the Constitution, read together with the Leadership and Integrity Act. Additionally, he wanted an order of mandamus compelling the Nairobi Governor to remove Mr. Kerich from office within 30 days.

However, Mr. Kerich challenged the petition, arguing that it was premature, incompetent, and an abuse of the court process. He maintained that the court lacked jurisdiction to initiate his removal because the petitioner had not invoked the procedure prescribed by the Constitution and the County Governments Act. The court ultimately upheld Mr. Kerich's preliminary objection, finding that the petition had been brought prematurely.

In her ruling, Justice Nyaundi noted that the petitioner had failed to exhaust the statutory remedies available for removing a county executive committee member. She upheld the preliminary objection, striking out the petition. The judge's decision implies that the petitioner must first exhaust the available statutory mechanisms before the court can intervene in the matter.

The dismissal of the petition allows Mr. Kerich to continue serving as the CECM for Mobility in Nairobi County. The court's decision highlights the importance of exhausting statutory mechanisms before seeking judicial intervention in matters related to the removal of county executive committee members. Key points from the case include the court's role in upholding the statutory mechanisms for removing county executives and the need for petitioners to exhaust these mechanisms before seeking judicial intervention.

Key points

• The High Court dismissed the petition due to its prematurity.
• The petitioner failed to exhaust statutory mechanisms for removing a county executive committee member.
• The court's decision allows Mr. Kerich to continue serving as CECM for Mobility in Nairobi County.