The High Court of Kenya has ordered a senior health official in Homa Bay County to refund KSh 10,991,712 after ruling that he unlawfully received salaries from two public institutions at the same time.
In a strongly worded judgment, the court found that the official drew income from both the Homa Bay County Government and the Kenya Medical Training College without proper authorization.
The judge stated:
“The respondent’s conduct constituted a clear violation of public service regulations and resulted in unjust enrichment at the expense of public funds.”
The court emphasized that public officers cannot hold multiple full-time positions without approval, noting:
“There was no evidence of resignation or lawful authorization for dual engagement, rendering the payments irregular and recoverable.”
Accordingly, the court directed full recovery of the funds, declaring:
“The sum of KSh 10,991,712 shall be refunded to the public institutions from which it was unlawfully obtained.”
The ruling further underscored accountability in public service, with the judge adding:
“Public resources must be safeguarded, and any improper benefit derived from their misuse must be restituted.”
The case revealed that during the period in question, the official simultaneously held a senior role within the county health department while remaining on the payroll of KMTC—contrary to established regulations governing public employment.
Legal observers say the decision signals heightened judicial scrutiny of employment practices within devolved units and could influence similar disputes. One legal expert noted:
“This judgment sets a firm precedent that courts will not hesitate to order restitution where public officers improperly benefit from dual salaries.”
Officials from Homa Bay County have yet to issue a detailed public response, but the ruling adds to growing concerns about governance and oversight in county administrations across Kenya.
The court’s directive now paves the way for enforcement proceedings to ensure compliance with the refund order.
In a strongly worded judgment, the court found that the official drew income from both the Homa Bay County Government and the Kenya Medical Training College without proper authorization.
The judge stated:
“The respondent’s conduct constituted a clear violation of public service regulations and resulted in unjust enrichment at the expense of public funds.”
The court emphasized that public officers cannot hold multiple full-time positions without approval, noting:
“There was no evidence of resignation or lawful authorization for dual engagement, rendering the payments irregular and recoverable.”
Accordingly, the court directed full recovery of the funds, declaring:
“The sum of KSh 10,991,712 shall be refunded to the public institutions from which it was unlawfully obtained.”
The ruling further underscored accountability in public service, with the judge adding:
“Public resources must be safeguarded, and any improper benefit derived from their misuse must be restituted.”
The case revealed that during the period in question, the official simultaneously held a senior role within the county health department while remaining on the payroll of KMTC—contrary to established regulations governing public employment.
Legal observers say the decision signals heightened judicial scrutiny of employment practices within devolved units and could influence similar disputes. One legal expert noted:
“This judgment sets a firm precedent that courts will not hesitate to order restitution where public officers improperly benefit from dual salaries.”
Officials from Homa Bay County have yet to issue a detailed public response, but the ruling adds to growing concerns about governance and oversight in county administrations across Kenya.
The court’s directive now paves the way for enforcement proceedings to ensure compliance with the refund order.
