The Ethics and Anti-Corruption Commission (EACC) has secured a court order compelling former Homa Bay County Assembly Clerk Bob Kephas Otieno and two others to refund Sh12.57 million in public funds fraudulently paid out between 2015 and 2017.
In a judgment delivered on October 16, 2026, Justice Benjamin Musyoki ruled in favour of the commission, finding that payments made to Lillian Achieng and David Obonyo under the guise of salaries were fraudulent and unlawful.
The case stemmed from investigations into irregular transfers of public funds from the Homa Bay County Assembly’s salary suspense account to a joint bank account held by Achieng and Obonyo.
According to the EACC, Otieno authorised transfers amounting to Sh12,571,166.50 to the account between December 24, 2015, and December 22, 2017, when he served as the Assembly Clerk.
The payments were processed as salaries despite neither Achieng nor Obonyo being employed by the county assembly or the county government.
Investigations established that Achieng was a teacher employed by the Teachers Service Commission (TSC), while Obonyo worked as the Business Growth and Development Manager at Equity Bank’s Homa Bay branch during the period under investigation.
The commission further established that neither recipient was a supplier or contractor to the county government or the assembly.
The transfers were made in varying amounts on irregular dates, a pattern that investigators said was inconsistent with routine salary payments.
Consequently, the EACC filed a recovery suit, ACEC Suit No. E011 of 2022, seeking the return of the money to the government.
In its ruling, the court found Otieno liable for causing the loss of public funds through corrupt and fraudulent conduct.
Achieng and Obonyo were also held liable for fraudulently receiving public money for work not done or services not rendered.
The ruling marks another legal victory for the anti-graft agency in its efforts to recover public funds lost through suspected corruption and fraudulent transactions.
The EACC has reiterated its commitment to safeguarding public resources and pursuing individuals found responsible for their misappropriation.
