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 pay back Sh12.57 million in public funds fraudulently transferred from the Assembly’s salary suspense account between 2015 and 2017.
In a judgment delivered on October 16, 2026, Justice Benjamin Musyoki ruled in favour of the anti-graft agency, finding that payments made to Lillian Achieng and David Obonyo under the guise of salaries were fraudulent and unlawful.
The case followed investigations into the irregular transfer of Sh12,571,166.50 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, who was the Assembly Clerk at the time, authorised transfers totalling the amount between December 24, 2015, and December 22, 2017.
The payments were recorded as salaries despite neither Achieng nor Obonyo being an employee of the County Assembly or the Homa Bay County Government.
Investigations established that Achieng was employed as a teacher 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 sporadic dates, a pattern investigators said was inconsistent with regular salary payments.
EACC subsequently filed a recovery suit, ACEC Suit No. E011 of 2022, seeking the return of the money to the government.
In its determination, the court held Otieno liable for causing the loss of public funds through corrupt and fraudulent conduct. Achieng and Obonyo were also found liable for fraudulently receiving public money for work not done or services not rendered.
The ruling marks another recovery victory for the commission as it pursues public officials and other individuals implicated in the irregular use of public resources.
EACC said it remains committed to safeguarding public funds and ensuring those responsible for their loss or misappropriation are held accountable.
This is the latest recovery to be made by EACC amid ongoing investigations into corruption cases.
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