The Ethics and Anti-Corruption Commission (EACC) has secured a court order requiring former Homa Bay County Assembly Clerk Bob Kephas Otieno and two others to repay Ksh12.57 million in public funds found to have been fraudulently paid out between 2015 and 2017.
In a judgment delivered by High Court Judge Benjamin Musyoki, the court ruled that payments from the Assembly's salary suspense account were fraudulent and unlawful, ordering the defendants to repay the government.
“The payments of Kshs 12,571,166.50 made to the 2nd and 3rd Defendants between 24th December 2015 and 22nd December 2017 were fraudulent and unlawful,” the judge ruled.
The case followed investigations by EACC into the transfer of public funds to a joint account held by two individuals who were neither employees of the County Assembly nor suppliers or contractors to the county government.
EACC CEO Abdi Mohamud during a high-level panel discussion during the 38th NCAJ Council Meeting in Mombasa, on July 27, 2026.
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EACC
Investigators established that Otieno authorised transfers totalling Ksh12.5 million between December 24, 2015, and December 22, 2017, with the payments presented as salaries despite the recipient not being an employee of the Assembly.
The court heard that the payments were made irregularly and that the defendants failed to provide sufficient documentation to establish that the money was for goods supplied or services rendered to the county government.
The defendants argued that some of the payments related to catering services provided during the funerals of three Assembly members.
However, the court found that the documents presented did not account for the entire amount or establish that the alleged work had been completed.
At the same time, the judge noted that even if the claimed catering services were considered, the defendants had failed to explain the difference between the amount paid and the value of the services they said they had provided.
The court also found that the procurement process lacked essential supporting documents, including evaluation committee minutes, necessary approvals, tender documents, an approved budget and a procurement plan.
Otieno, who served as the Assembly's accounting officer during the period under investigation, was held liable for causing the loss through corrupt and fraudulent conduct.
In its orders obtained by Kenyans.co.ke, the court directed the defendants to jointly pay Ksh12,571,166.50, with interest from the date the recovery suit was filed until full payment.
An image of a court gravel
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CapitalFM