Image of the EACC headquarters at Integrity Centre in Nairobi. PHOTO | COURTESY

The Ethics and Anti-Corruption Commission (EACC) has secured a court order requiring former Homa Bay County Assembly Clerk Bob Kephas Otieno and two others to refund Ksh.12.57 million in public funds allegedly fraudulently paid out between 2015 and 2017.

In a judgment delivered on October 16, 2026, Justice Benjamin Musyoki ruled in favour of the commission, finding that payments made to Lillian Achieng and David Obonyo under the guise of salaries were fraudulent and unlawful.

The case stemmed from investigations into irregular transfers of money 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 authorised transfers totalling Ksh.12,571,166.50 to the account between December 24, 2015, and December 22, 2017, despite neither recipient being employed by the county assembly or the county government.

Investigations established that Achieng was a teacher employed by the Teachers Service Commission (TSC), while Obonyo was the Business Growth and Development Manager at Equity Bank's Homa Bay branch during the period under investigation.

The commission further established that neither Achieng nor Obonyo was a supplier or contractor to the county government or assembly.

The EACC noted that the transfers were made in varying amounts on sporadic dates, a pattern it said was inconsistent with regular salary payments.

It subsequently filed a recovery suit, ACEC Suit No. E011 of 2022, seeking the return of the funds.

In its ruling, 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 commission said the recovery order was part of its efforts to safeguard public resources and hold accountable those responsible for their loss or misappropriation.