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
@amenya_nelson You take the lies out of them, and they'll shrink to the size of your hat; you take malice out of them, and they'll disappear! If not nipped, it will morph into a disaster!
A FIFA World Cup host country must guarantee two fundamental principles: the safety of the country — and the unrestricted entry of all qualified teams, officials and referees. The case of referee Omar Artan from Somalia is against one of these obligations. FIFA must never compromise the universality of football. #Fifa #Somalia #GianniInfantino #CAF #OmarAtan #DonaldTrump
@NikoNjala Uko nchi ya mwizi sugu na gun seller & smuggler to Sudan ,and USA has him by the balls because of such https://t.co/gUEcDzdKUo ngumu huyo mwizi sugu kusaidia nchi.
Kenyans deserve justice that is transparent, reasoned, and accountable.
Today, I have petitioned the Judicial Service Commission @jsckenya to investigate three Court of Appeal judges who suspended High Court orders blocking the Kenya-US Health Cooperation Framework, but withheld their reasons for doing so until October 2026.
My concern is not that they ruled against me. It is that an immediately enforceable decision was issued without reasons, effectively frustrating a timely appeal to the @THE_SCOK and denying Kenyans meaningful access to justice.
Judicial independence must be protected. But independence and accountability must go hand in hand. No institution is above the Constitution.
THE HUMBLE PETITION OF OKIYA OMTATAH OKOITI LINK>
https://t.co/36xc3OZdNh
Wrote this when Kenya signed the US health pact. This Ebola quarantine facility seems less about the disease and more about lopsided transactions that Kenya is getting into with the US: https://t.co/lNxqsD4brg
I am sorry, but as an American this makes no sense to me.
I know Kenya has a great health infrastructure and can do this - the question is WHY did they agree to this.
Would be interested to know what kind of pressure or concessions the US government made to convince the Kenyan government
Have you watched that Al jazeera documentary exposing how safaricom is selling private citizens data with government even without a warrant signed by the judge. Safaricom!
State House Nairobi spent Sh1.3 billion in January alone, averaging Sh43 million a day.
It has now overspent its budget by Sh2.7 billion in just seven months of the 2025/26 financial year.
EUROBOND did not build SGR.
The SGR budget was KES 500 billion.
90% was financed by China through a loan from Exim Bank [KES 450 billion]
10% [50 billion] was a loan extended to Kenya Railways from the treasury.
NOT EUROBOND!
We must face Kenyans and tell them the TRUTH.
Kenyans,
Come,
Let me tell you something,
THE GOVERNMENT IS BROKE.
Don't be fooled by stories.
When Uhuru borrowed EUROBOND, the aim was to free the domestic financial market [Banks, SACCOs] because the government didn't have to borrow locally.
This means it would be easier for you to borrow locally [Loans] to do business or invest.
Banks would be hawking loans, their loan agents loitering in offices, begging you to apply for loans.
This occurred during Kibaki's presidency. Bank loans were easily given.
But because Uhuru misused the Eurobond, the government is now borrowing locally to fund the budget.
Go to a bank and apply for a loan, and see if you will be given one.
You won't.
The interest is also high.
Because the Government is heavily borrowing from local banks, and for banks, the Government is a profitable customer.
It is the reason why so many microfinance kiosks are mushrooming everywhere, taking advantage of the desperation of Kenyans seeking credit.
But do you know who will pay for these loans?
Your TAXES.
Do you know whose money is in these banks?
It is YOUR MONEY.
Banks don't have money.
The money in banks is your salary, your business income, your profits, your M-Pesa deposits. All these funds are held by these banks for your benefit.
The government borrows your money from these banks, then repays your money in the banks with your taxes.
The government has to:
• Pay Eurobond
• Pay bank loans
• Pay salaries
• Fund infrastructure development
• Fuel the president's car
These can only be achieved by either DEFAULTING on these loans or raising TAXES.
Therefore, the banks and government are doing business [illegally] with your money.
This illegal business between the government and the bank is not making sense.
Here is why,
The total assets of banks are KES 7.7 trillion.
Banks have loaned people [You and me] KES 4.0 Trillion.
Banks have loaned the government KES 6.8 trillion.
6.8 + 4.0 = 10.8.
10.8 loaned against their assets of 7.7 is impossible. Does that mean banks made a loss of 3.1 trillion?
This is not sustainable.
Meanwhile, for this government to function, it has to create a sovereign fund, an infrastructure fund and other funds like a housing levy [which are illegal] to survive.
Countries create this fund as a basket for surplus revenue or profit from their exports, such as the sale of Oil.
A fund is a separate basket, distinct from the consolidated fund, where money is pooled and kept for future use.
Since these funds are not sanctioned by parliament, they can't be audited or budgeted constitutionally.
President Ruto must do the right thing and stop going around corners.
Arrest the people who pocketed EUROBOND,
He knows them.
DON'T PAY the illegal debts.
He knows he will ultimately default.
Otherwise, the next finance bill will be worse.
I asked Meta why it banned Tanzanian activist Mange Kimambi from Instagram and WhatsApp and restricted Maria Sarungi-Tsehai’s IG account. I didn’t hear back.
The Tanzanian government silenced local media and is now targeting activists based abroad
URGENT: Kenya's Healthcare Sovereignty Under Siege
President Ruto is about to sign away Kenya's health data sovereignty through a fundamentally unconstitutional agreement with the US Government.
THE SMOKING GUN:
I have obtained three explosive documents:
1. Model Specimen Sharing Agreement
2. PEPFAR Bilateral MOU Template
3. Legal Advisory by Dr. Mugambi Laibuta proving this violates Kenyan law
HERE'S WHAT RUTO IS SIGNING:
REAL-TIME SURVEILLANCE OF ALL KENYANS
US gets 24/7 access to Kenya's ENTIRE national health database
Every HIV test, TB diagnosis, malaria case - accessible to US officials
Your medical records, your children's health data - all exposed
NO anonymization required
NO consent from you
NO restrictions on what they can see
YOUR CONSTITUTIONAL RIGHTS? GONE.
Legal analysis confirms this violates:
Article 31: Your Right to Privacy - VIOLATED
Kenya Data Protection Act - COMPLETELY IGNORED
Health Act confidentiality provisions - BYPASSED
Digital Health Act - RENDERED USELESS
THE MOST DANGEROUS CLAUSE:
"This Agreement shall be construed in accordance with U.S. federal law."
Read that again. US law - not Kenyan law - will govern YOUR health data.
This means:
Office of Data Protection Commissioner: POWERLESS
Kenyan courts: NO JURISDICTION
Your data protection rights: DON'T EXIST
US has weaker privacy laws than Kenya: YOUR DATA LESS PROTECTED
IT GETS WORSE:
25-YEAR PATHOGEN EXTRACTION
Kenya must hand over disease specimens within 5 DAYS of US request
US shares with 10 private American pharmaceutical companies. They develop vaccines and drugs from OUR diseases. Kenya gets NOTHING guaranteed in return. US serves its own needs first. 25 YEARS of this arrangement
COUNTY GOVERNMENTS LOCKED OUT
Health is devolved - counties run these systems
Counties haven't been consulted
This violates Intergovernmental Relations Act
FINANCIAL BLACKMAIL BUILT IN:
"Failure to fulfill commitments could result in changes in planned assistance or discontinuation of this MOU."
Translation: Give us your data or lose funding.
WHAT THEY GET ACCESS TO:
Not just statistics. Not just aggregated data. They get:
Direct system access to query ANY patient record.
Rights to audit 5% of health facilities randomly selected
Access to lab results, treatment records, epidemiological data
Metadata and system architecture
Real-time disease surveillance
All diagnostic and testing data
50+ MILLION KENYANS' MEDICAL PRIVACY - GONE.
DR. MUGAMBI LAIBUTA'S LEGAL VERDICT:
"This Agreement, as drafted, is NOT legally compliant, poses CRITICAL constitutional and sovereignty risks, and must be SIGNIFICANTLY renegotiated before Kenya can lawfully sign or operationalize it."
THE BOTTOM LINE:
This is not cooperation. This is:
Data extraction disguised as aid.
Biopiracy of our pathogens for pharmaceutical profit.
Surveillance infrastructure embedded in our health systems.
Constitutional rights traded for donor dollars.
25 years of compromised sovereignty.
OTHER AFRICAN COUNTRIES ARE SAYING NO
The template shows this is being pushed across Africa. Reasonable countries are rejecting these terms. But Ruto, desperate for any "investment" narrative, is ready to sign away our most sensitive data.
WHAT MUST HAPPEN NOW:
This cannot be signed as drafted. The Constitution doesn't allow it. The law doesn't permit it. Our dignity as a sovereign nation demands better.
We need:
IMMEDIATE PUBLIC DISCLOSURE - Full text published
COUNTY CONSULTATION - Governors must weigh in
PARLIAMENTARY DEBATE - MPs must approve or reject
ODPC REVIEW - Data Protection Commissioner must audit for compliance
COMPLETE RENEGOTIATION - Fair terms or no deal
You cannot sign agreements that violate the Constitution. This is not about being anti-partnership. This is about protecting Kenyan citizens' rights and maintaining our sovereignty.
Just four months into the financial year and State House has exhausted 81% of its annual budget. Even the DP's office has exhausted 63% of its budget. A fish rots from the head. Is this how you create a first-world country?
This was the state of fiscal affairs at the end of the first four months of the financial year. Public debt expenditure was equivalent to 96% of tax revenues. We are clearly in a debt crisis!