Busia Senator Okiya OmtatahThe High Court has formally referred a petition by Busia Senator Okiya Omtatah and activists to Chief Justice Martha Koome, seeking the empanelment of a bench to hear and determine the matter.
The court noted that the petition raises a substantial question of law under Article 165(4) of the Constitution, warranting the formation of a multi-judge bench.
“Petition No 216 of 2025 raises substantial questions of law and for consequential referral for Honorable Chief Justice for empanelment of a bench of not less than three judges,” Justice Mwamuye ruled on Thursday.
In their suit dated April 24, 2025, Omtatah and eight co-petitioners argue that the loans, particularly the Eurobond proceeds, were acquired without proper parliamentary oversight.
The petition, which als raises fundamental questions about the legality and constitutionality of Kenya’s ballooning public debt, targets the Sh4.6 trillion borrowed during the previous administration.
The petitioners render them “odious debt” that should not burden Kenyan taxpayers and seeks accountability over the debt accumulated during the tenure.
They further argue that the National Executive has continued on a borrowing spree, with the current administration reportedly acquiring an additional Sh143 billion in loans without the requisite parliamentary approval.
They claim the National Treasury is now repaying debts accrued through opaque means, with Kenyans having overpaid public loans by more than Ksh2 trillion.
"Given the enormity of the petition, which alleges that, since the Financial Year 2014/2017 to 2024/2025 (up to November 30, 2024), the National Executive had incurred odious debts of Sh10.7 trillion and that Kenyans had overpaid the country’s public debts by more than Sh2 trillion, this matter raises a substantial question of law," the petition reads.
Omtatah argues that the petition meets the legal threshold for urgency and constitutional scrutiny, noting that the matter directly impacts public interest and governance.
He seeks a court order to declare the debts unconstitutional and direct the state to subject future loans to legal scrutiny.
The High Court has now tasked Chief Justice Koome with empaneling an appropriate bench to preside over the constitutional questions at the heart of the petition.
