A petition filed before the High Court in Nairobi alleges that union officials, advocates and public officers participated in a scheme that fraudulently extracted more than KSh3.026 billion from the Bungoma County Government through fictitious employees and questionable court proceedings.
The petition was filed by Benard Barasa Wakwabubi, Kennedy Wafula Wekunda, George Ng’ang’a Mochumbe Ng’ang’a and Prof. Fredrick Onyango Ogola. They allege that the scheme relied on fabricated employment records, conflicts of interest, abuse of court processes and coordinated litigation to facilitate the payment of public funds.
Appearing for the petitioners, Benard Odero Okello of Odero & Partners Advocates urged the court to scrutinise the issues raised in the petition, arguing that some of the respondents were facing allegations that created potential conflicts of interest. Counsel also sought the recusal of those respondents from matters connected to the dispute.
The respondents named in the proceedings include KCGWU General Secretary Roba S. Duba, the County Government of Bungoma, the Governor of Bungoma County, the Bungoma County Public Service Board, the County Government of Nairobi, the Controller of Budget, the Auditor-General, the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency (ARA) and several advocates.
According to the petitioners, the dispute centres on 463 individuals whom they allege were irregularly presented as county employees despite lacking payroll records, statutory deductions, Kenya Revenue Authority (KRA) records and other employment documentation. They further allege that some of the purported employees were minors during the period they were allegedly listed on the county payroll.
The petition further alleges that the payments were processed through a coordinated arrangement involving union officials, lawyers and former county officials, with the claims allegedly disguised as employment-related litigation rather than being processed through legitimate county employment systems.
The petitioners also contend that some of the advocates and law firms involved had interconnected relationships that created conflicts of interest while benefiting from legal fees and the disputed claims. They argue that the alleged conduct violated constitutional principles governing integrity, accountability and the prudent management of public resources.
Alongside the petition, the applicants have filed an urgent application seeking interim orders, including the suspension of several law firms named in the proceedings and the joinder of institutions such as the Law Society of Kenya (LSK), the Directorate of Criminal Investigations (DCI), the Judicial Service Commission (JSC) and other public bodies as parties to the case.
The applicants are also asking the court to order a forensic audit of Bungoma County’s payroll, direct investigations into those allegedly involved, suspend union officials named in the petition pending the outcome of the proceedings, and grant any other relief the court may deem appropriate to safeguard public funds.
The allegations contained in the petition have been presented before the High Court and are yet to be determined. The respondents have not publicly responded to the claims in court.
