A former employee of the Homa Bay County Government has been awarded Sh1 million in damages after successfully suing the county for defamation when his name appeared on a list of alleged ghost workers in 2024.
Richard Bonyo was awarded the compensation by the Oyugis Law Court, where he had filed a suit seeking general damages, injunctive relief and a public apology from the county government over what he described as a publication that gravely tarnished his reputation.
Although he had sought between Sh8 million and Sh10 million in damages, the court settled on Sh1 million after weighing the evidence presented by both parties, including the county government’s defence.
Mr Bonyo told the court that being branded a ghost worker despite having been a legitimate employee destroyed his reputation and severely diminished his chances of securing employment after leaving public service.
He said the publication subjected him to immense emotional distress, the effects of which rippled through his family.
Mr Bonyo served as an Adviser for Resource Mobilisation during the administration of former Governor Cyprian Awiti, where he said he helped secure numerous development opportunities for the county government.
His contract ended on September 1, 2022, following the transition to a new administration.
Homa Bay County Governor Gladys Wanga.
Photo credit: Francis Nderitu | Nation Media Group
In 2024, Governor Gladys Wanga’s administration embarked on a drive to eliminate ghost workers as part of efforts to reduce the county’s ballooning wage bill and redirect resources towards development.
To facilitate the exercise, the county engaged Price Waterhouse Coopers to conduct an audit of its workforce after concerns emerged that several individuals were drawing salaries despite allegedly rendering no services.
In a letter dated May 23, 2024, copied to all chief officers and the Director of Human Resource Management and Development, the county government recommended that employees whose roles could not be clearly defined should be released.
“Following the release of the PWC report and recommendations therein, the Public Service Board in its meeting held on 22nd May 2024 resolved that staff who are in the payroll but do not seem to belong to any department nor know any of their colleagues be further verified by the respective authorised officers before any further necessary action is taken against them,” read part of the letter produced in court.
“The purpose of this letter is to present to you the list of staff in these categories and to ask you to identify those who are working under your departments and submit their names to the Public Service Board by Friday 24th May 2024.”
Attached to the letter was a list of the affected staff, among them Mr Bonyo.
During the hearing, Mr Bonyo called several former county government employees who testified on his behalf.
Among them was Charles Auma Modi, the former County Director of Human Resources, who confirmed that Mr Bonyo had indeed served as a county employee until the expiry of his contract following the last general election.
Mr Modi testified that he was the custodian of the plaintiff’s exit records, including documents relating to his terminal benefits.
Former Chief of Staff Eliud Otieno also filed an affidavit affirming that Mr Bonyo had actively discharged his duties throughout his tenure with the county government.
Mr Bonyo argued that the circulation of the list beyond official channels exposed him to public ridicule and irreparably damaged his reputation.
He also sought an order compelling the county government to publish an apology in a national newspaper and issue him with a formal letter of apology, arguing that the publication had cost him employment opportunities.
The court found that the letter had been disseminated beyond its intended internal recipients, causing actual harm to Mr Bonyo’s reputation.
Oyugis Resident Magistrate Cynthia Chepkoech Cheruiyot heard that the former employee had attended several job interviews but failed to secure employment because prospective employers associated him with the ghost worker allegations.
“The same has caused emotional distress, stress and mental anguish not only for him but his entire family that depend on him,” reads part of the judgment.
The court further found that the letter contained false and malicious allegations portraying Mr Bonyo as a ghost worker.
Mr Bonyo maintained that the allegations were not only false but were deliberately calculated to injure his reputation in the eyes of the public and relevant authorities.
His account was corroborated by both his wife and son, who testified as witnesses.
His wife told the court that her brother called while laughing after seeing the publication referring to her husband as a ghost worker, an incident she said deeply humiliated the family.
Ms Cheruiyot issued a permanent injunction restraining the county government from publishing or disseminating any further defamatory statements against Mr Bonyo.
“A permanent injunction is issued restraining the defendants either by themselves, their agents, employees, servants and/or persons claiming under them from further uttering, publishing, posting, broadcasting or causing to be posted or broadcast on any media or platform any defamatory statements against the plaintiff,” the magistrate ruled.
The court also ordered the county government to remove Mr Bonyo’s name from the list of ghost workers.
“A permanent injunction is issued compelling the defendants, whether by themselves, their agents, employees or any person acting under their instructions, to remove the plaintiff’s name from the impugned list forthwith and/or any media platform that contains any defamatory statements against the plaintiff,” Ms Cheruiyot ruled.
Speaking after the judgment, Mr Bonyo said he was satisfied with the outcome and had no intention of appealing for a higher award.
“All I am interested in is my name being expunged from the list of ghost workers. I have attended several interviews, and one of the things I am always told is that I am a ghost worker at the county government,” he said.
