Court refers Okiya Omtatah's Sh4.6 trillion debt petition to CJ Martha Koome
According to Justice Bahati Mwamuye, the petition filed by Busia Senator Okiya Omtatah raises substantial questions of law.
The High Court has referred a petition which seeks legal accountability from former President Uhuru Kenyatta over the Sh4.6 trillion debt accumulated during his tenure to Chief Justice Martha Koome for the empanelment of a bench
According to Justice Bahati Mwamuye, the petition filed by Busia Senator Okiya Omtatah raises substantial questions of law.
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"The ruling addresses the petitioners' application dated April 24, 2025, seeking certification under Article 165(4) of the Constitution that Petition No. 216 of 2025 raises substantial questions of law. Certification was unanimously supported by all parties," ruled Justice Mwamuye.
Justice Mwamuye noted that there is a similar pending matter - High Court Petition No. E248 of 2023 - currently before a three-judge bench, comprising Justices Roselyne Aburili, Bahati Mwamuye, and John Chigiti.
He said the petition, which concerns the same subject matter, is set for highlighting of submissions on June 20, 2025.
"Having considered the matter and having compared this petition with Petition No. E248 of 2023, I am satisfied that the petition herein raises substantial questions of law under Article 165(4) of the Constitution," the judge ruled. Consequently, I certify this petition as urgent and forward it to the Chief Justice for empanelment of a bench," ruled Mwamuye.
The petition seeks to hold Kenyatta and senior officials in his administration legally accountable for the accumulation of over Sh4.6 trillion in public debt during his tenure.
It also challenges the legitimacy of Sh2.2 trillion in loans acquired under his successor, President William Ruto.
Omtatah and eight co-petitioners allege that the debt, particularly from Eurobond funds, was acquired without adequate oversight and constitutes "odious debt."
They also want former Treasury Cabinet Secretary Njuguna Ndung'u, Controller of Budget Margaret Nyakang'o, and Auditor-General Nancy Gathungu held accountable.
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