The Ethics and Anti-Corruption Commission (EACC) has obtained an order requiring former Homa Bay County Assembly Clerk Bob Kephas Otieno and two others to pay the Government Ksh12,571,166.50, being public funds fraudulently paid 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 Commission, finding that the payments made to Lillian Achieng and David Obonyo under the guise of salaries were fraudulent and unlawful.

The case arose from investigations into the irregular transfer of public funds from the Homa Bay County Assembly’s salary suspense account to a joint bank account held by Achieng and Obonyo.

Investigations by the EACC established that between December 24, 2015, and December 22, 2017, Otieno, then the Assembly Clerk, authorised transfers of the funds to the joint account. The payments were presented as salaries despite neither recipient being an employee of the County Assembly or the County Government.

The Commission established that Achieng was a teacher employed by the Teachers Service Commission, while Obonyo was the Business Growth and Development Manager at Equity Bank’s Homa Bay Branch during the period under investigation. Neither was a supplier or contractor to the County Government or Assembly.

The transactions involved varying amounts transferred on sporadic dates, a pattern inconsistent with regular salary payments. The Commission consequently filed a recovery suit seeking the return of the funds under ACEC Suit No. E011 of 2022.

The court ruled that Otieno was 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 EACC remains committed to protecting public resources and ensuring persons responsible for loss or misappropriation are held accountable”, the Commission assured.