In a decisive blow to public sector corruption, the High Court has ordered two senior National Treasury officials to refund over Ksh 39 million fraudulently obtained through unauthorized allowances.
The Ethics and Anti-Corruption Commission (EACC) secured this significant legal win following a comprehensive investigation and court battle that reaffirms the state’s resolve to recover embezzled public funds.
Lady Justice L.M. Njuguna of the Anti-Corruption and Economic Crimes Division delivered the landmark ruling on Wednesday, declaring that Robert Theuri Murage and Doris Nafula Simiyu irregularly received millions between January 2020 and June 2022.
The funds were paid under dubious categories, including taskforce, extraneous, entertainment, and “facilitation” allowances, none of which were sanctioned by the Salaries and Remuneration Commission (SRC).
Justice Njuguna dismissed the defendants’ justifications, stating that “the allowances paid were irregular and unlawful.” The court ordered Murage to repay Ksh 20.3 million and Simiyu to refund Ksh 18.8 million to the National Treasury. It was also noted that both officials admitted to receiving payments under non-existent allowances, with a facilitation allowance lacking any legal or policy basis.
EACC investigations, initiated in July 2022, revealed a pattern of abuse involving outdated circulars, committee overlaps, and payments outside job grade allowances. Evidence from the SRC and Treasury corroborated the commission’s findings, highlighting violations of constitutional provisions and binding salary guidelines outlined in Article 230.
The EACC hailed the ruling as a critical affirmation of its mandate to combat graft and safeguard public finances. The recovered funds are set to be returned to the National Treasury, reinforcing the principle that no public servant is above accountability.
