Kenya High Court: Homa Bay Official Ordered Refund Double Salary

• The High Court has ordered a former Homa Bay County official to repay Sh708,664.
• The repayment is for alleged double salary payments received by former employee Evelyne Adhiambo Ogweno between February 2015 and May 2018.
• Former payroll officer Maurice Ochieng Wambo was cleared by the court, while Evelyne Adhiambo Ogweno was ordered to repay the amount.
• This specific case is part of a broader Ethics and Anti-Corruption Commission investigation into Homa Bay County's payroll system, which allegedly lost Sh42.25 million.
• The EACC is pursuing further recovery cases and criminal prosecutions against officials responsible for payroll fraud.

This judgment reinforces the principle that individuals, even after leaving public office, can be held personally liable for amounts misappropriated during their tenure.

A recent High Court ruling has compelled a former Homa Bay County Government official to repay Sh708,664 to the Government of Kenya. The judgment, issued on September 18, 2026, specifically targeted former county employee Evelyne Adhiambo Ogweno. Maurice Ochieng Wambo, who previously served as a payroll officer, was cleared by the court. The sum represents alleged double salary payments received by Ogweno over a period spanning more than three years, a situation brought to light by the Ethics and Anti-Corruption Commission (EACC).

Ms. Ogweno, who worked as a medical social worker at Ndiru Hospital Centre in Rangwe Sub-County, reportedly received these additional payments through the county's payroll system between February 2015 and May 2018. The EACC initiated the recovery proceedings, asserting that the extra remuneration amounted to the specified Sh708,664. This decisive action by the Kenya High Court public funds recovery mechanism underscores the ongoing efforts to reclaim misappropriated resources, with the order for Evelyne Adhiambo Ogweno to refund double salary payments highlighting a critical aspect of financial accountability within public service. The court's decision mandates that Evelyne Adhiambo Ogweno is responsible for the full amount, reflecting the seriousness with which such financial impropriety is viewed.

The specific recovery case against Ms. Ogweno and Mr. Wambo stems from a wider investigation by the Ethics and Anti-Corruption Commission (EACC) into systemic payroll irregularities within the Homa Bay County Government. The EACC's inquiries uncovered instances of multiple salary payments being made to both current and former employees, indicating a significant vulnerability in the county's financial controls and a potential for widespread abuse. This extensive investigation established that an estimated Sh42.25 million was allegedly lost through the county's payroll system due to such fraudulent activities, painting a picture of significant financial mismanagement.

Following these findings, the EACC has proactively pursued several recovery cases, including the one culminating in the recent High Court order for Evelyne Adhiambo Ogweno to refund her double salary payments. Beyond financial restitution, the commission is also actively seeking the prosecution of public officials identified as bearing the primary responsibility for the suspected payroll fraud. This comprehensive approach by the Ethics and Anti-Corruption Commission payroll fraud unit demonstrates a firm commitment to not only recover lost public funds but also to impose criminal accountability on those involved in such schemes, thereby deterring future occurrences.

The High Court's directive for the repayment of Sh708,664 in this Homa Bay recovery case serves as a potent reminder of the EACC's aggressive stance on recovering public funds lost through illicit means. This judgment reinforces the principle that individuals, even after leaving public office, can be held personally liable for amounts misappropriated during their tenure. The liability imposed on Evelyne Adhiambo Ogweno for the double salary payments sets a clear precedent for accountability among public servants.

This outcome is particularly significant for public sector entities and individuals, signaling the persistent risk of recovery actions by oversight bodies like the EACC. It underscores the critical necessity for robust internal financial controls and vigilant oversight to prevent such liabilities from arising, emphasizing that the integrity of public payroll systems is paramount. The ongoing efforts by the EACC to pursue both civil recovery and criminal prosecution for payroll fraud highlight a sustained campaign to enhance transparency and accountability across government institutions, ensuring that public resources are safeguarded against misuse and that those responsible for financial misconduct face appropriate legal consequences.

This case reinforces the EACC's aggressive stance on recovering public funds lost through payroll fraud, demonstrating that former public officials can be held personally liable for misappropriated amounts. Lawyers advising public sector entities or individuals should note the ongoing risk of recovery actions and the need for robust internal financial controls to prevent such liabilities.

Source: Reporting based on EACC disclosures.