Court Orders National Treasury Staff to Repay Millions from Fraudulent Allowances
The court concluded that the funds received by the two officials were irregular and illegal, noting that the payments lacked proper approval.
Court Orders National Treasury Officials to Repay Over Ksh 39 Million in Fraudulent Allowances. Photo/KBC Digital.
By Juliet Jerotich
The High Court has ordered two senior officials at the National Treasury to repay over Ksh 39 million in fraudulent allowances that were unlawfully paid to them.
The judgment, delivered by Lady Justice L.M. Njuguna of the Anti-Corruption and Economic Crimes Division, found that the officials had unlawfully received excessive allowances not authorized by law.
The Illegal Allowances
The two officials, Robert Theuri Murage and Doris Nafula Simiyu, were found to have received a range of unauthorized payments between January 2020 and June 2022. These included taskforce allowances, extraneous allowances, entertainment, and facilitation payments, none of which were approved by the Salaries and Remuneration Commission (SRC).
The court concluded that the funds received by the two officials were irregular and illegal, noting that the payments lacked proper approval.
“The court finds that the allowances paid to the defendants were both irregular and illegal. The court is not convinced by the defendants’ claim that these payments were within the law,” Lady Justice Njuguna stated.
Court Ruling and Repayment Orders
The court’s investigation revealed that Murage had fraudulently withdrawn Ksh 20,318,000, while Simiyu was found to have embezzled Ksh 18,862,000. Both were ordered to repay the full amounts.
The court further observed that some of the allowances had no clear description or legal justification. The two officials were also involved in several committees with overlapping responsibilities, further complicating the misuse of funds.
EACC’s Investigation and Findings
The Ethics and Anti-Corruption Commission (EACC) launched an investigation into the mismanagement of public funds at the National Treasury in July 2022. Their inquiry uncovered multiple irregularities, including unauthorized payments and allowances not recognized by official policy. The SRC confirmed that the payments violated several constitutional provisions and official guidelines, highlighting the failure of the two officers to adhere to legally binding advice from the SRC under Article 230 of the Constitution.
A Victory for Accountability
This ruling is a significant victory for the EACC, reaffirming the commission’s vital role in recovering misappropriated public funds and ensuring accountability in public offices. The funds recovered from the two officials will be returned to the National Treasury for public use, underscoring the court’s commitment to upholding the integrity of public finance in the country.
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