A General Constitutional Test for the IMF Treaty
A treaty, statute, or international agreement amounts to a de facto constitutional amendment if it:
(a) removes a constitutional power from a constitutional organ;
(b) transfers that power to an entity not established by the Constitution;
(c) immunises the exercise of that power from constitutional scrutiny or judicial oversight; or
(d) fundamentally alters the relationship between the people and the institutions through which they exercise sovereign power.
Where any of these effects arises, the court must ask one question. Were the constitutional amendment procedures under Articles 255, 256, or 257 followed?
If the answer is no, then the measure is unconstitutional and invalid to the extent that it purports to alter the Constitution.
#OdiousDebt #DeniBandia
The extraction of Kenyan labor isn't about minerals. It's about the mindset on which the Kenya government was founded. Our country was built on the feudal mentality that some people must be at the top (whites) and they have a right to profit from, and extract labor at the bottom (Africans). And Africans are at the bottom because we're uncivilized.
That mindset is built into our institutions, especially into the government. If you listen carefully to GoK people justifying these draconian rules, they will say two things:
1) it's being done by wazungu in their countries, so it must be done here, aka "international standards,"
2) we're doing this for your own good (in this case "safety"), because you Kenyans are not in the modern world (the west) and don't know how special Kenya is to be the only African country earning this privilege from wazungu.
The civil servants will rarely say this out loud, but that's what they mean. Especially when they talk of benchmarking.
The second problem is, even if we have minerals, Kenyan civil servants are hostile to work and manufacturing. It takes WORK to get minerals out of the ground. The Kenyan elite is hostile to work. What they want is things to own and rent, like land and buildings. That's why, when oil was discovered in northern Kenya, they rushed to get title deeds of the surrounding area, presumably to build hotels, malls, petrol stations and rental apartments.
Then remember, Kenya has one million of these guys. That's how big the civil service is. IOW, about 1 out of every 50 or so Kenyans is employed by GoK.
It's easy for one person to control 50 people if they have a monopoly of weapons and state power. That's why GoK is this extractive. We will have to demolish it because, as @m_ogada said, it's not sustainable for parasites to be the biggest member of the ecosystem. We are running out of strength to bear the weight of the Kenyan state.
Don’t rely on mainstream outlets alone. Support independent voices, citizen journalists, and platforms that choose substance over sensationalism.
Read the court filings, follow the proceedings, and hold everyone, including media houses to account. The Constitution isn't a reserved document; it is the people’s shield.
Let’s defend it together through informed public discourse.
Algorithms Are Colonising African Youths
Nigerian historian Iyo Obietonbara argues that social media algorithms are a tool of colonialism, influencing what African youths consider valuable. Instead of building organisations to struggle for liberation, many of our young people are making videos about trivial matters.
Do you agree? Disagree? Drop us a comment.
For more like this, follow The Spearhead.
I admire the few Kenyans who are so keen on speaking against PPP while everyone else around them only sees benefits
As with CBC and Speed Cameras, by the time Kenyans see the negative effects it's usually almost too late
Something is wrong when the richest companies in a country, Kenya for this case, are mainly moving money, lending money, or collecting rent. Who is actually making things? Viwanda viko wapi?
Congratulations Senator @OkiyaOmtatah for this victory. I and @UGMParty laud you for your consistency in defending our Constitution.
This is a consequential ruling confirming that our Courts will audit all aspects of governance, including our finances and the question of national interest.
I share your views that there must be a transparent and public audit of our national debt to determine the extent to which it is odious.
Our shared vision as constitutionalists, is that all the architects and duty bearers of Kenya’s reckless debt binging since 2013, be they foreign or domestic, will not evade accountability.
It is worth recalling that in the FY 2026/2027 budget of KSh 4.82 trillion, approximately 48% (KSh 2.31 trillion) of the total expenditure framework is designated for public debt servicing. Essentially, nearly half of the budget is directly going to creditors, tightening the fiscal space available for development.
This is unsustainable.
The overriding national imperative, as we head to the 2027 general election, is to join hands and form an #Ukatiba government to deliver true national renewal.
2027 is an #Ukombozi moment from the chockhold of odious debt. Let us all unite and redeem our nation from predatory extractive forces.
PRESS STATEMENT BY SENATOR OKIYA OMTATAH ON THE PUBLIC DEBT CASE RULING
Fellow Kenyans,
Today, the High Court delivered an important ruling in our public debt case.
The Court upheld the @IMFNews claim of diplomatic immunity and struck it out of this petition. While we respect the Court’s decision, accountability for Kenya’s debt burden cannot end there.
We are preparing a separate legal challenge to the Bretton Woods Agreements Act, 1963, against the Constitution of Kenya 2010 to ensure all actors involved in Kenya’s debt processes are subjected to proper scrutiny.
Most importantly, the Court rejected attempts by the Attorney General and other respondents to have this case dismissed. The judges ruled that our petition will proceed to a full hearing on its merits.
The Court also dismissed applications by the former Auditor General, former Controller of Budget, the current Auditor General, and the current Controller of Budget seeking to shield themselves from these proceedings.
This is a significant victory for transparency, accountability, and the Kenyan people.
We will amend our petition as directed by the Court and return on 22nd July 2026. Our mission remains unchanged: to establish how Kenya accumulated trillions in public debt, how the funds were utilized , whether the public benefited and whether the law was followed at every stage.
This case is about protecting the future of our nation and the interests of every Kenyan taxpayer.
We remain focused, determined, and committed to seeing it through.
God Bless Kenya.
#DeniBandia #OdiousDebt
If you study Politics, the Bretton Woods systems are taught as infallible, unquestionable institutions. The damage they cause are always to be analysed as a failure of domestic policy. To see the very Act of 1963 challenged in court? My God! Whether this works or not, it matters.
Kenyans are being asked to pay more taxes through the Finance Bill 2026, yet the 2026/27 Budget hides KSh 101.37 billion under a vague item called “Other Operating Expenses.” No programme. No purpose. No accountability.
Before taxing Kenyans another shilling, Parliament must clean up the budget. We cannot finance opacity with taxpayers’ sweat.
See attached
#StopBudgetedCorruption
https://t.co/YI18RIv1nC
Last week on Thursday @OkiyaOmtatah,tried to raise an issue on the floor of the Senate where he was constantly interrupted on trivial matters,What he couldn't say on the floor of the senate we have on paper.
Here,
For three months, we crossed 43 counties. We did not go to talk, we went to listen.
What we heard was clear: Kenyans are tired of broken promises, tired of corruption eating their future, tired of watching their children leave the country to find work that should exist here at home.
This is the voice of the Nation. Watch, and let us take this country back together.
🎥 https://t.co/THxWkya8lw
#UkatibaCaravan #UGM2027
When you mention Odious Debt, the looters tremble. In just 4 years, Ruto has borrowed more than Uhuru did in 8. The silence of beneficiaries is deafening.
#OdiousDebt#DeniBandia
Today in the @Senate_KE, I will substantiate how public money is being hidden and stolen in plain sight through budget lines labelled “Other Operating Expenses.” OVER 90 BILLION!
If salaries, utilities, travel, maintenance, fuel, training, procurable items, and other expenditures already have specific vote heads, what exactly is hidden under this vague and ever-expanding category?
Even more troubling, the Constitution requires parliamentary approval for all public borrowing. Yet billions are spent under opaque budget lines that escape meaningful scrutiny.
Kenyans deserve transparency, not blank cheques for wastage, mismanagement, and theft. Every shilling collected from taxpayers must be traceable, justified, and accounted for.
The era of hiding public funds behind vague budget descriptions must come to an end. STAY TUNED
I studied architectural design in Cameroon and every architect they taught me was European. Every movement, every theory, every name on the required reading list. The Great Mosque of Djenné, the Moorish arch, Great Zimbabwe never appeared on any syllabus.
Now I am studying management and every economist is Western. George Ayittey, a Ghanaian who built an entire economic framework for African development, has never appeared in a single lecture. Dambisa Moyo, a Zambian economist who argued that Western aid is destroying African economies, same.
Two disciplines. Not one African name in the required reading.
This is not only an architecture problem. It is medicine, law, economics, history. Every field is taught through a foreign lens and when a student tries to think beyond it they are disciplined for it.
We are not behind because we lack knowledge. We are behind because we were taught that ours does not count.
Because nobody wants to attribute China’s success to its political system, that is communism. State control over capital. They think China is doing capitalism like the rest of the third world, but Chinese ppl have higher IQ or some other scientific racism bs.