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In her ruling on Monday, Justice Patricia Nyaundi noted that Kanja had attended court personally and was accompanied by senior National Police Service officers. She also took into account his undertaking, contained in an affidavit, that he had instructed his officers that court orders must be obeyed.
Justice Patricia Nyaundi found Kanja in contempt after police blocked several roads leading into Nairobi's Central Business District (CBD), despite an existing court order requiring officers to give the public prior notice before putting up roadblocks or barricades during the demonstrations.
The dispute traces back to May 29, 2026, when Justice Magare Dennis Kizito, sitting at the High Court in Kerugoya, issued temporary orders stopping the implementation of the NTSA-Pesa Print agreement.
Sakaja explained that the recruitment process had to start afresh after the Assembly rejected the first nominee, forcing the county government to form a new selection panel and conduct another competitive hiring process before identifying a new candidate.
The breakthrough came after Kerich and Kwengu and Company Advocates informed the court on Thursday that they had agreed on a payment plan to settle the long-running debt. As part of the arrangement, Kerich paid Sh30 million, with the remaining amount set to be cleared according to a schedule presented before the court.
The judge said the continued failure to gazette regulations on public order management and the use of force meant the three were operating in defiance of the court's orders, despite earlier directions aimed at protecting the constitutional right to picket.
Kerich's lawyers had urged the court to suspend the jail term pending the hearing of new applications. They argued that he had remained available to the court at all times, had not absconded, and was no longer serving as the substantive Nairobi County Executive Committee Member for Finance after leaving office on June 5, 2026.
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.
The governance and constitutional rights lobby said the police leadership had acted in blatant disregard of existing court orders by mounting barricades on key roads leading into the Central Business District despite earlier assurances from the Interior Ministry that it would be "business as usual."
In her ruling on Tuesday, Justice Nyaundi said Duale's conduct after being summoned to court showed respect for judicial authority and weighed heavily in her decision.
The request was made before High Court Judge Patricia Nyaundi during mitigation and sentencing submissions after the court found Duale in contempt over alleged continued activities at the project site despite conservatory orders halting implementation.
Duale maintained that decisions surrounding the quarantine facility were made based on professional advice from experts within the health sector.