The High Court has ordered a senior public health official to repay Ksh10,991,712 in illegally earned wages, bringing fresh attention to integrity and accountability within Kenya’s public service.
In a ruling delivered in Nairobi on March 13, 2026, Justice B. M. Musyoki found that Odhiambo Ottoman Adel Walter unlawfully earned a salary from the Homa Bay County Government while holding a full-time position at the Kenya Medical Training College (KMTC).
Court Finds Violation of Public Service Integrity
The case, filed by the Ethics and Anti-Corruption Commission (EACC), established that Walter received public funds without performing the duties tied to his county role. The court concluded that his actions violated constitutional principles governing integrity and conflict of interest in public office.
Investigations revealed that Homa Bay County appointed Walter as Deputy Director of Health in March 2016, despite his existing permanent and pensionable role as a lecturer at KMTC.
Dual Salaries and Conflicting Roles
Evidence presented in court showed that Walter collected full salaries from both institutions over the same period. The situation grew more complex after details emerged that he also worked as a part-time lecturer at Great Lakes University of Kisumu.
This arrangement raised serious concerns about his capacity to effectively discharge his responsibilities. The court noted that holding multiple roles across different counties made it practically impossible for him to meet the demands of each position.
To support its case, the EACC called three critical witnesses, including a county human resource director, a bank official, and an investigator. Their testimonies confirmed that Walter held concurrent roles in separate institutions and continued to receive payments from both KMTC and the Homa Bay County government between June 2016 and August 2021.
Investigators established that he pocketed Ksh10,991,712 from the county during this period without providing any services.
While Walter denied wrongdoing and maintained that the payments were lawful, he did not testify or present witnesses in his defense during the trial. The court also noted that he had previously written to the commission expressing willingness to refund the money.
Justice Musyoki stated clearly that the defendant received payment for services he never provided, noting the impossibility of working full-time in both Homa Bay and Kisumu simultaneously.
Court Orders Full Refund Within 90 Days
The court directed Walter to refund the full amount within 90 days, setting a strict timeline for compliance.
In addition to the principal amount, the court ruled that the sum will accrue interest from the date the suit was filed until full payment is made. Walter will also bear the legal costs associated with the case.
The ruling further grants the EACC authority to initiate recovery proceedings if Walter fails to comply within the stipulated 90-day period.
