By Monica Nashon
The Ethics and Anti-Corruption Commission (EACC) has secured victory after the High Court ordered a former Homa Bay County health official to refund over Sh10.9 million in irregularly earned salaries.
In a judgment delivered recently at the Milimani Anti-Corruption Court in Nairobi, Justice B.M. Musyoki directed Mr. Odhiambo Ottoman Adel Walter to repay Sh10,991,712 received from the County Government between June 2016 and August 2021.
The court found that the former Deputy Director of Health – Preventive and Promotive Services had unlawfully held multiple full-time public positions simultaneously, drawing salaries from both the county government and the Kenya Medical Training College (KMTC).
According to court documents, Mr. Odhiambo was appointed by the Homa Bay County Public Service Board in March 2016 while still serving as a full-time lecturer at KMTC, a position he had held since 2013.
Investigations further revealed that he also worked as a part-time lecturer at Great Lakes University of Kisumu during the same period.
“It was illegal and unethical for the defendant to secure employment with the government while he was on permanent and pensionable terms at KMTC and fail to resign from either,” Justice Musyoki ruled.
The judge added that it was “unlawful, unprofessional and unethical for a public servant to receive payment for services they have not rendered,” emphasizing that the dual employment arrangement undermined efficient service delivery.
Evidence presented in court showed that the official continued to receive salaries from both institutions despite it being “practically impossible” to effectively work in Homa Bay and Kisumu counties at the same time.
The EACC moved to court in June 2024 seeking recovery of the funds, arguing that the payments constituted unlawful acquisition of public resources.
The Commission relied on documentary evidence, including employment records and bank statements, to demonstrate that the salaries were received without corresponding service.
In its ruling, the court declared the entire sum paid by the county government as “illegal and unlawful benefit” and ordered restitution within 90 days, failing which the Commission will proceed with execution to recover the funds.
The case also exposed systemic weaknesses within the Homa Bay County Government, with the judge expressing concern over repeated instances of similar financial irregularities.
“I express my disappointment and disapproval of acts… that enabled or facilitated loss of public funds,” Justice Musyoki said, noting that the matter was among several involving similar circumstances in the county.
The EACC said the case is part of a broader crackdown on professionals drawing salaries from multiple public institutions in violation of the law.