The Ethics and Anti-Corruption Commission (EACC) has secured a High Court order requiring a former Homa Bay County Government employee to refund KSh708,664 in irregular salary payments received over a period of more than three years.
The order follows a judgment delivered by the High Court on September 18, 2026, in a case arising from investigations into multiple salary payments made to current and former employees of the Homa Bay County Government.
Justice Benjamin Mwikya Musyoki, sitting at the Milimani Anti-Corruption and Economic Crimes Division, found that former county employee Evelyne Adhiambo Ogweno received additional payments from the government between February 2015 and May 2018.
The court ordered Ogweno and a former county payroll official, identified as Maurice Ochieng Wambo, to jointly and severally refund the KSh708,664 to the Government of Kenya, together with interest at court rates from the date the suit was filed until payment is made in full. They were also ordered to meet EACC’s costs of the suit.
How the double payments occurred
According to evidence presented in court, Ogweno was initially appointed as a registered community health nurse in 2013 before being appointed as a nurse by the county government in January 2014.
Her entry-level basic salary was KSh19,323, rising to a maximum of KSh24,662, subject to annual increments.
However, between February 2015 and May 2018, she received additional payments from the county government over and above her regular salary. The excess payments totalled KSh708,664 and were deposited into her bank account.
EACC investigators relied on bank statements, payslips and other documents to establish the additional payments. The investigation found that two payroll systems were operating concurrently within the county a manual payroll and the Integrated Payroll and Personal Data (IPPD) system.
The court found that the disputed additional payments were linked to the manual payroll system while Ogweno was also captured in the IPPD system.
The EACC’s own records list the matter as EACC v Evelyn Adhiambo Ogweno & 3 Others, Milimani ACEC No. E013 of 2024, involving recovery of KSh708,664 in monies allegedly embezzled through the Homa Bay County payroll.
Court says payments were irregular
During the proceedings, the court considered correspondence in which Ogweno undertook to repay the excess money in monthly instalments of KSh10,000.
Justice Musyoki treated the undertaking as evidence that she acknowledged receiving the additional funds.
The judge held that the central issue was whether Ogweno was entitled to the money, rather than whether the payments resulted from deliberate fraud or an administrative error.
The court consequently found, on a balance of probabilities, that she had received undeserved and irregular payments amounting to KSh708,664 and that the money was recoverable by the government.
Two officials cleared of liability
Although EACC had sued Ogweno and three former county payroll officials, the court did not find all the defendants liable.
The claims against the second and third defendants were dismissed after the court found that EACC had not provided sufficient evidence showing that they authorised or facilitated the irregular payments.
One of the officials had, according to evidence presented in court, detected the payroll anomaly and taken steps to stop the double payments in 2018. The court also found insufficient evidence linking another former payroll manager to the disputed transactions.
The liability was instead imposed jointly and severally on Ogweno and the fourth defendant, who was linked to the manual payroll system and did not participate in the proceedings to rebut the allegations against him.
Part of wider KSh42.2 million payroll investigation
The KSh708,664 recovery forms part of a wider EACC investigation into alleged losses of KSh42,249,988 through the Homa Bay County Government payroll system.
EACC says it has filed a series of recovery cases following investigations into multiple salary payments involving current and former county employees.
The Commission has also indicated that it is pursuing the prosecution of public officials found to bear the greatest responsibility for the wider payroll irregularities.
The case underscores the financial risks associated with weaknesses in public-sector payroll systems, particularly where parallel manual and electronic systems operate at the same time.
For the KSh708,664 covered by the judgment, however, the High Court has now issued a specific recovery order, with interest continuing to accrue until the amount is fully paid.
