The Ethics and Anti-Corruption Commission (EACC) has successfully recovered over Ksh.39 million that was fraudulently disbursed as unapproved allowances to two National Treasury and Planning officials.
In a judgment delivered on June 4 by Lady Justice L.M. Njuguna of Nairobi’s Anti-Corruption and Economic Crimes Division of the High Court, the court found Robert Theuri Murage and Doris Nafula Simiyu culpable for receiving illegal payments between January 2020 and June 2022. The funds were paid under irregular categories such as facilitation, taskforce, entertainment, extraneous, and other undefined allowances, all made without the required approval from the Salaries and Remuneration Commission (SRC).
Justice Njuguna ruled that the allowances lacked lawful justification and were made in violation of binding SRC advice under Article 230 of the Constitution. “The Defendants in receiving the allowances knew or had every reason to believe that they were not entitled to them,” she stated. “This court would not hesitate to find that the Defendants received the allowances fraudulently and illegally. I so find.”
The court ordered Mr. Murage to refund a total of Ksh.20,318,000 — with Ksh.11,078,601 forfeited from his Equity Bank account and the remaining Ksh.9,239,398.17 to be paid in cash. Ms. Simiyu was directed to repay Ksh.18,862,000, comprising Ksh.8,953,988.74 forfeited from her National Bank account and Ksh.9,908,011.26 to be remitted in cash.
The ruling affirms the legal standing of SRC’s guidance on public sector remuneration, reinforcing an earlier Court of Appeal precedent that any deviation renders such payments unlawful and recoverable.
Interest will accrue on the amounts at court rates until full recovery, and the EACC has also been awarded the costs of the suit.
Written By Rodney Mbua
