High Court in Nairobi has been asked to investigate an alleged Ksh3.026 billion ($23.7 million) payroll fraud in Bungoma County with petitioners claiming hundreds of non-existent employees were used to siphon public funds through a network involving union officials, lawyers and public officers.

The petition, filed by Benard Barasa Wakwabubi, Kennedy Wafula Wekunda, George Ng’ang’a Mochumbe Ng’ang’a and Prof Fredrick Onyango Ogola, alleges that 463 individuals were fraudulently presented as employees of the Bungoma County Government despite lacking records to prove they were ever on the county payroll.

The petitioners claim the alleged scheme was executed through fabricated employment records and coordinated court proceedings that enabled the release of billions of shillings (millions of dollars) from the county government.

Appearing before the Milimani High Court, lawyer Benard Odero Okello urged the court to closely examine the claims, arguing that some of the respondents were facing allegations that raised questions about their ability to participate impartially in matters related to the dispute.

“The issues raised in this petition disclose serious allegations touching on public funds and conflicts of interest. Those implicated should not participate in matters connected to the dispute,” Okello submitted.

Among those named as respondents are the County Government of Bungoma, the Bungoma Governor Kennth Lusaka, the Bungoma County Public Service Board, the Kenya County Government Workers Union (KCGWU) General Secretary Roba S. Duba, the Controller of Budget, the Auditor-General, the Ethics and Anti-Corruption Commission (EACC), the Asset Recovery Agency (ARA), the County Government of Nairobi and several advocates.

According to the petition, the purported employees had no payroll records, statutory deductions or Kenya Revenue Authority documentation to support their employment. The applicants further allege that some of those listed as employees were minors during the period they were purportedly serving the county.

The petitioners also accuse some advocates and law firms of operating under conflicting interests while benefiting from legal fees arising from the disputed claims.

In an accompanying application, they are seeking interim orders to suspend law firms named in the proceedings, compel a forensic audit of Bungoma County’s payroll and direct investigations by relevant agencies, including the Directorate of Criminal Investigations.

“The court should issue orders necessary to safeguard public resources and ensure a comprehensive investigation into the alleged loss of county funds,” the petitioners state.

The allegations remain untested in court, and the High Court is yet to determine the merits of the petition. The respondents are expected to file their responses before the case proceeds for hearing.

• A Tell Media report / by Elizabeth Were