High Court orders Homa Bay health official to refund Ksh10.99m in unlawfully acquired pay

In a judgment delivered in Nairobi on March 13, 2026, Justice B. M. Musyoki ruled in a case filed by the Ethics and Anti-Corruption Commission (EACC) that Odhiambo Ottoman Adel Walter illegally received county salaries without rendering services, after holding multiple public positions simultaneously in violation of the law and constitutional principles on integrity.

The court heard that Walter was appointed Deputy Director of Health (Preventive and Promotive Services) in Homa Bay County in March 2016, despite holding a permanent and pensionable position as a lecturer at KMTC.

He was also said to have been engaged as a part-time lecturer at Great Lakes University of Kisumu, raising questions about his capacity to discharge his duties.

According to evidence presented by EACC, Walter did not resign from KMTC and continued drawing salaries from both institutions between June 2016 and August 2021. Investigations established that he received Ksh10,991,712 from the county government during the period without providing services.

Three witnesses, including a county human resource director, a bank official and an investigator, testified that Walter was concurrently employed in different institutions across separate counties, which the court said made it practically impossible for him to perform his responsibilities.

Walter did not testify or call witnesses in his defence, although he had earlier denied wrongdoing and claimed the payments were lawful.

The court also noted he had previously written to the commission indicating willingness to refund the money.

“The defendant was paid for services he did not offer,” the court stated, adding it would be impossible for one individual to work full-time in both Homa Bay and Kisumu at the same time.

Justice Musyoki ordered Walter to refund the amount within 90 days, with interest accruing from the date the suit was filed until full payment.

The court also ordered him to pay the costs of the suit, and granted the commission liberty to commence recovery proceedings if he fails to comply.