The High Court of Kenya has ordered a senior public health official to refund Ksh10,991,712 after finding he unlawfully earned salaries from two public institutions simultaneously.
In a judgment delivered in Nairobi on March 13, 2026, Justice B. M. Musyoki ruled in favor of the Ethics and Anti-Corruption Commission (EACC) in a case against Odhiambo Ottoman Adel Walter. The court determined that Walter violated legal and constitutional provisions on public service integrity by holding multiple full-time roles concurrently.
Dual Employment and Salary Irregularities
The court heard that Walter was appointed Deputy Director of Health (Preventive and Promotive Services) in Homa Bay County in March 2016 while still serving as a full-time lecturer at the Kenya Medical Training College (KMTC) on a permanent and pensionable basis.
Additionally, he was engaged as a part-time lecturer at Great Lakes University of Kisumu, raising concerns about his ability to effectively discharge his duties across institutions.
Evidence presented by EACC showed that Walter continued to receive salaries from both KMTC and the Homa Bay County Government between June 2016 and August 2021 without formally resigning from his initial position. Investigators established that he received Ksh10.9 million from the county government during this period without rendering services.
Court Findings
Testimony from three witnesses including a county human resource director, a bank official, and an EACC investigator indicated that Walter’s concurrent employment across different counties made it practically impossible for him to fulfill his obligations.
Walter did not testify or call witnesses in his defense. However, the court noted that he had previously indicated willingness to refund the funds.
“The defendant was paid for services he did not offer,” the court ruled, emphasizing that it was not feasible for one individual to work full-time roles in separate locations simultaneously.
Orders and Implications
Justice Musyoki directed Walter to refund the full amount within 90 days, with interest accruing from the date the suit was filed until settlement. He was also ordered to bear the costs of the case.
The court further granted EACC the authority to initiate recovery proceedings should Walter fail to comply with the directive.
Governance and Accountability
The ruling reinforces ongoing efforts by the Ethics and Anti-Corruption Commission to address irregularities in public service employment and uphold accountability standards. It also underscores the legal risks associated with holding multiple public offices in contravention of established regulations.
