A legal battle over an alleged multi-billion-shilling payroll scandal in Bungoma County has taken a fresh turn after petitioners questioned the impartiality of individuals involved in the proceedings, adding another layer of complexity to the high-profile case.
The petition before the High Court alleges that more than KSh3 billion may have been lost through payments made to hundreds of suspected ghost workers over several years. While the claims are serious, they remain before the court and have not been proven.
According to court documents, the petitioners claim that 463 individuals listed on the county payroll cannot be properly accounted for through official employment records. They argue that some names allegedly do not appear in statutory deduction records maintained by agencies such as the Kenya Revenue Authority (KRA), the National Social Security Fund (NSSF), and the Social Health Authority (SHA), raising questions about whether the individuals were genuine county employees.
The petition further alleges that some of those listed as workers were below the legal employment age during the period they are said to have received salaries, while others allegedly have no verifiable employment documentation.
The latest development in the case centers on claims that the judicial process could be compromised by potential conflicts of interest. Through their legal representatives, the petitioners have urged the court to ensure that any person whose impartiality has been questioned does not participate in matters related to the dispute until the concerns are fully addressed.
The petitioners argue that public confidence in the justice system depends on transparency and fairness, particularly in cases involving allegations of misuse of public resources.
The suit names several respondents, including the Bungoma County Government, the Governor, the County Public Service Board, the Kenya County Government Workers Union (KCGWU), the Controller of Budget, the Auditor-General, the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency (ARA), and several legal practitioners associated with the matter.
As part of the case, the petitioners are asking the High Court to order an independent forensic audit of Bungoma County’s payroll to establish the authenticity of employees and determine whether public funds were improperly paid out.
They are also seeking court orders compelling investigative agencies to conduct comprehensive criminal and financial investigations into the allegations, while requesting measures to safeguard county resources as the case proceeds.
The respondents are expected to file their responses to the petition before the court considers the merits of the application. At this stage, the allegations remain unproven, and no court has found any of the respondents liable for wrongdoing.
The case is expected to attract significant public attention given the size of the alleged financial loss and its potential implications for public accountability and governance in county governments.
