The High Court has referred a high-profile public debt petition filed by Busia Senator, Okiya Omtatah, to Chief Justice, Martha Koome, for the empanelment of a bench of at least three judges, citing substantial questions of law.
Justice Bahati Mwamuye delivered the ruling on Thursday, certifying Petition No. 216 of 2025 as urgent under Article 165(4) of the Constitution. The certification was supported by all parties involved in the matter.
“I am satisfied that the petition herein raises substantial questions of law,” Justice Mwamuye stated. “Consequently, I certify this petition as urgent and forward it to the Chief Justice for empanelment of a bench.”
The judge also noted that the petition touches on issues similar to those in another pending case—High Court Petition No. E248 of 2023—which is currently before a three-judge bench comprising Justices Aburili, Chigiti, and Mugambi. That case is scheduled for highlighting of submissions on June 20, 2025.
The petition by Omtatah and eight co-petitioners seeks accountability over Ksh4.6 trillion in public debt accumulated under former President Uhuru Kenyatta’s administration, and challenges the legitimacy of an additional Ksh2.2 trillion borrowed under President William Ruto’s government.
The petitioners argue that large portions of the debt, particularly Eurobond-related funds, were acquired without adequate parliamentary oversight, branding them as “odious debt.” They are calling for legal action against former Treasury Cabinet Secretary Njuguna Ndung’u, Controller of Budget Margaret Nyakang’o, and Auditor-General Nancy Gathungu, among others.
The Chief Justice is now expected to appoint a bench to hear the matter in full.
Written By Rodney Mbua
