Busia Senator Okiya Omtatah has welcomed a High Court decision that allows his petition on Kenya’s public debt to move forward to a full hearing, describing the ruling as an important step in the pursuit of transparency and accountability.
In a statement issued on Thursday, the senator said the court declined requests by the Attorney General and other respondents to have the case dismissed at a preliminary stage.
According to Omtatah, the judges ruled that the petition should proceed and be determined based on its merits, giving all parties an opportunity to present their arguments before the court.
The ruling marks a significant development in a case that seeks answers on how Kenya accumulated trillions of shillings in public debt and whether the borrowing process complied with the law.
Omtatah has consistently argued that the public deserves a clear explanation regarding how borrowed funds were acquired, managed and used over the years.
While expressing satisfaction with the court’s decision, Omtatah noted that one aspect of the ruling did not go in his favour.
The court upheld the International Monetary Fund’s claim of diplomatic immunity and consequently removed the institution from the petition.
Despite this outcome, the senator said the issue of accountability cannot stop there. He maintained that all parties involved in Kenya’s borrowing processes should be subjected to scrutiny, especially considering the long-term impact of public debt on taxpayers and future generations.
As a result, Omtatah revealed plans to file a separate legal challenge targeting the Bretton Woods Agreements Act of 1963. He argued that the law should be examined in light of the Constitution of Kenya 2010 to determine whether it remains consistent with current constitutional principles.
The senator also pointed out that the court dismissed applications by both former and current holders of the offices of Auditor General and Controller of Budget who had sought to be excluded from the proceedings. Their continued inclusion means the court will hear their positions as the matter progresses.
Omtatah described the ruling as a victory for accountability and the Kenyan people, saying it keeps alive efforts to uncover the truth behind the country’s debt burden.
The petition will now be amended in line with the court’s directions before returning for mention on July 22, 2026.
Omtatah insists the case is focused on protecting the country’s future by ensuring that public borrowing is conducted lawfully, transparently and in the best interests of Kenyan taxpayers.
