EACC recovers Sh39m in illicit allowances paid to Treasury officials

The Ethics and Anti-Corruption Commission (EACC) has successfully reclaimed more than Sh39 million that was allegedly paid out irregularly to two officials from the National Treasury and Planning.

According to a ruling by the Anti-Corruption and Economic Crimes Division of the High Court in Nairobi, Robert Theuri Murage and Doris Nafula Simiyu received the funds unlawfully between January 2020 and June 2022.

The money was disbursed under questionable and unauthorized categories, including facilitation, taskforce, entertainment, extraneous, and other vague allowances.

In a verdict delivered on June 4, 2025, Lady Justice L.M. Njuguna concluded that the payments went against guidance provided by the Salaries and Remuneration Commission (SRC) and had no legal basis.

Justice Njuguna ruled that the two officials knowingly accepted allowances they were not entitled to, describing their actions as both fraudulent and illegal.

"The Defendants in receiving the allowances knew or had every reason to believe that they were not entitled to them but they went ahead and received the money. This court would not hesitate to find that the Defendants received the allowances fraudulently and illegally. I so find," she declared.

She further pointed out that the payments were made in direct violation of existing rules that mandate the Salaries and Remuneration Commission (SRC) approval.

"Having examined the payment vouchers, the court confirms that none of the transactions were sanctioned by SRC," the ruling stated.

As a result, Robert Theuri Murage has been ordered to return Sh20,318,000, which includes Sh11,078,601 seized from his Equity Bank account.

The balance of Sh9,239,398.17 must be paid in cash.

His co-accused, Doris Nafula Simiyu, has been directed to repay Sh18,862,000. This includes Sh8,953,988.74 recovered from her National Bank account and a cash repayment of Sh9,908,011.26.

The EACC welcomed the judgment, stating that it reaffirms the constitutional authority of SRC under Article 230, and echoes the Court of Appeal’s position that ignoring SRC guidance renders payments unlawful and subject to recovery.

The court further ruled that interest on the recovered amounts will accumulate at the prevailing court rates until the full sum is repaid.

Additionally, the Ethics and Anti-Corruption Commission (EACC) was awarded the costs of the suit.