Homa Bay: Doctor Ordered to Repay KSh 5.8m for Earning Govt Salary While Working at Private Hospital
- A Homa Bay doctor was ordered to repay over KSh 5.8 million after quietly pocketing a public salary while working full-time at a private hospital
- Investigators uncovered that Dr. Boniface Oloo Otiato drew a county paycheck for three years without showing up, all while managing a Kisumu clinic
- The court heard he admitted the wrongdoing in 2021 and even offered to refund the money, but never followed through
- Justice Musyoki called the case a warning, urging criminal charges against Oloo and any county officials who may have aided the fraud
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Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.
A former county doctor in Homa Bay has been ordered to refund over KSh 5.8 million in salaries he received while secretly holding a second full-time job at a private hospital.
Source: UGC
In a landmark ruling, Justice B.M. Musyoki of the Milimani Anti-Corruption Court found Dr. Boniface Oloo Otiato guilty of unlawfully benefiting from dual public and private employment over three years.
The court ruled that Oloo must return the entire KSh 5,808,056.90 he earned from the County Government of Homa Bay between August 2017 and August 2020, plus interest and legal costs.
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"A declaration is hereby issued that the defendant illegally benefited from public funds amounting to Kshs 5,808,056.90, paid as salary by the County Government of Homabay. Consequently, judgment is entered for the plaintiff against the defendant for Kshs 5,808,056.90 with interest at court rates from the date of filing until full payment," he ruled.
Why did the court rule against the Homa Bay doctor?
The judgment followed investigations by the Ethics and Anti-Corruption Commission (EACC), which unearthed that Oloo, despite being on the county’s payroll as a full-time medical officer, was concurrently working as a branch manager at Avenue Healthcare in Kisumu.
This arrangement violated Article 77(1) of the Constitution and Section 26 of the Leadership and Integrity Act, which bars full-time public servants from engaging in other gainful employment.
Evidence presented in court showed that Oloo was posted to the County Government of Homa Bay in 2015.
He reportedly stopped reporting for work in August 2017 when he took up a position at Avenue Healthcare, but his county salary continued to be paid for three more years.
An EACC investigator, Augustine Mukwekwe, told the court that Oloo’s name appeared in a 2020 audit targeting ghost workers, prompting the commission’s probe.
Using a court-issued warrant, EACC obtained Oloo’s bank statements from Kenya Commercial Bank and confirmed that he continued drawing his county salary until August 2020.
Should Homa Bay doctor face further action?
Meanwhile, records from Avenue Healthcare and NHIF confirmed he was employed and later promoted within the private hospital during the same period.
The court was also shown a letter dated August 2021 in which Oloo admitted to the double payment and offered to refund the money, an offer he never followed through on.
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Justice Musyoki noted that the case is not an isolated incident, highlighting that several similar suits are pending from the same period.
"It is deeply concerning that a medical doctor could exploit the system while healthcare unions were pushing for better pay and staffing. These were not ghost workers, but dishonest employees collaborating with county officials. The hope is that appropriate criminal proceedings have been initiated to deter future misconduct," the judge said.
He further called for criminal accountability for both the employee and any complicit county officials.
How will Kenya Kwanza deal with latecomers?
In a separate report, Public Service Cabinet Secretary Geoffrey Ruku announced a zero-tolerance policy on lateness and absenteeism among civil servants.
After a surprise inspection in Nyeri county revealed widespread truancy, especially among senior officers, he warned that anyone consistently late or missing work would be treated as a “ghost worker.”
Geared to restore discipline, the government will roll out daily attendance registers, clear duty schedules, performance appraisals, and possibly biometric and CCTV monitoring.
Ruku has been making impromptu visits to government offices to inspect operations and the overall conduct of civil servants.
He has vowed to continue with the inspection until he streamlines services in public offices.
Proofreading by Mercy Nyambura, copy editor at TUKO.co.ke.
Source: TUKO.co.ke
