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
Odious Debt is a legal reality. Under international law, when a creditor lends to a regime that loots the funds against the people’s interest, that debt becomes "odious." It is not the people’s burden to carry.
The @IMFNews claims it has no "political" mandate. But as a @UN agency, it has a Duty of Care. Funding a regime that bypasses Parliamentary oversight and ignores the Law makes the IMF an accomplice to constitutional subversion.
Article 201 of our Constitution, Public finance must be guided by transparency. Loans signed in secret, without public participation, are null and void ab initio.
We demand a Forensic Audit of every shilling borrowed. The law is not a rug to sweep failures under. 🇰🇪 #SovereignDebt #Kenya #DeniBandia
Contrary to what we have been told, SGR was fully funded by Kenyans to the tune of Sh900 billion.
SGR did not cost Sh360 billion, and no money came from China. We want to know why we are “repaying” a loan for which no single cent came to Kenya.
Thank you for the solidarity and the unwavering support from you and the @UGMParty. This victory does not belong to me, but to the people of Kenya and the Constitution we swore to protect.
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
"When the citizens of a Nation deem their most accomplished thieves as the most electable then they lose the right to complain when theft becomes their national creed." ~ Modibo Keita. Pan-Africanist leader and first President of Mali. (1915-1977)
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
Trump paused USAID when he came to power and said, “Africans should handle African problems.” I wonder why the US wants Kenya, an African country, to handle their Ebola problem.
Tafakari
The Ruto government is just too much. These guys wake up every single day just to conjure up more ways to cause pain to Kenyans. I know we are expected to keep government in check as opposition but it’s literally impossible to keep up with the breadth and depth of the capacity for evil these guys have. It doesn’t have to be like this bwana. When we tell you just kicking Ruto out solves 80% of our problems you best believe! Just like he did with Haiti and now Ebola, for the right amount, this one can sell us to the devil himself!