Nairobi – Two senior officials at Kenya’s National Treasury have been ordered to repay over Sh39 million they illegally received in unauthorised allowances, in a rare and pointed ruling by the High Court.
Justice Lucy Njuguna, presiding over the Anti-Corruption and Economic Crimes Division in Nairobi, delivered the verdict on Wednesday. The court found that Robert Theuri Murage and Doris Nafula Simiyu enriched themselves through a scheme involving overlapping and unapproved payments between 2020 and 2022.
The allowances, disguised under labels such as task force, entertainment, and facilitation, were paid out without clearance from the Salaries and Remuneration Commission (SRC), as required by law.
“This was a calculated misuse of public office for private gain,” Justice Njuguna ruled. “The payments were not only excessive but also lacked any legal basis.”
Unauthorised payouts
Mr Murage has been ordered to return Sh20.3 million. Of that, Sh11 million held in his Equity Bank account will be forfeited to the state, while the remaining Sh9.2 million must be paid in cash.
Ms Simiyu, for her part, is required to refund Sh18.8 million. The court ordered Sh8.9 million held in her National Bank account to be seized, with the rest Sh9.9 million to be settled in cash.
According to the Ethics and Anti-Corruption Commission (EACC), which investigated the matter, the case stemmed from internal reports of misappropriated funds at the National Treasury. A probe was launched in July 2022.
In a statement released Friday, the Commission described the ruling as “a landmark in the enforcement of financial integrity in public service.”
“EACC remains committed to pursuing all cases of misuse of public funds and holding accountable those who breach public trust,” the agency stated.
Circulars ignored, approvals bypassed
Investigators discovered that the officials awarded themselves multiple allowances using outdated or revoked government circulars. Others were simply unauthorised altogether, often duplicated under different names.
The SRC, which advises on all state remuneration, had not approved any of the payments. Under Article 230 of Kenya’s Constitution, such advisories are legally binding.
“These payments were made in direct contravention of constitutional requirements,” the court held. “The officials knowingly manipulated internal systems to process the funds.”
Broader context
The judgment comes at a time when public frustration over government spending is mounting. With the cost of living rising and taxes under scrutiny, public demand for accountability has grown louder.
While corruption cases involving top officials in Kenya are not uncommon, successful asset recovery remains rare. Legal delays and political interference have long hindered the enforcement of anti-graft measures.
This week’s ruling may signal a shift.
Anti-corruption advocates welcomed the decision. “It sets a precedent that financial misconduct even by high-ranking civil servants can and will be punished,” said a Nairobi-based lawyer familiar with the case, who asked not to be named due to professional constraints.
Both Mr Murage and Ms Simiyu have yet to comment publicly on the court’s ruling. It was not immediately clear whether either plans to appeal.
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