How Homa Bay official held three government jobs for six years

Judge and gavel in a courtroom. [File, Standard]

A former Homa Bay county health official must refund Sh10.9 million in salaries after a court ruled he held three government jobs simultaneously for six years.

High Court Justice Benjamin Musyoki on March 13 ordered Walter Odhiambo, a former Deputy Director of Health – Preventive and Promotive Services, to repay all salaries the county government paid him between June 2016 and August 2021, declaring the payments "illegal and unlawful."

The Ethics and Anti-Corruption Commission (EACC) had sued Odhiambo, alleging he took up the county role in March 2016 while still employed on permanent and pensionable terms as a lecturer at the Kenya Medical Training College (KMTC) in Kisumu, and concurrently held a part-time teaching post at Great Lakes University of Kisumu (GLUK).

"In my view, it was illegal and unethical for the defendant to secure employment with the government while he was on permanent and pensionable terms at KMTC and fail to resign from either," noted Justice Musyoki.

EACC investigator Augustine Mukwekwe told the court Odhiambo had joined KMTC in May 2013 and was posted to its Kisumu campus the following month, later transferring to its Porttreiz campus in July 2019 before being dismissed in May 2022.

His GLUK appointment, dated February 2022, was backdated to January 2015.

The judge found it impossible for Odhiambo to have worked in Kisumu and Homa Bay simultaneously, yet drawn a salary from both KMTC and the county.

"It is also unlawful and unethical of a public servant to receive payment from two government institutions in a manner that is inconsistent with his efficient provision of services," observed Musyoki.

Odhiambo did not appear in court to defend himself despite filing a defence. He had earlier told the commission the salaries were legitimately earned and that he had reached a mutual agreement with EACC after receiving a demand letter.

Justice Musyoki reserved sharp criticism for Homa Bay county, saying the case was the fifth of its kind he had handled involving the county government.

"I say this because this is the fifth matter involving loss of public funds in the said government in similar if not the same circumstances I am handling and I am aware that more are pending while others are concluded," said the judge.

He noted a pattern of calculated collusion between Odhiambo and county supervisors, questioning how a six-year unexplained absence went undetected.

"One would wonder how the defendant's absence would go unnoticed for six years. It is hoped that systems and structures have been put in place to thwart these kinds of shameless operations," added Musyoki.