In a case I filed alongside BERNARD MUCHIRI MUCHERE and NAOMI NYAKERARIO MISATI challenging the constitutionality of privatising the Kenya Pipeline Company @kenyapipeline the High Court has explicitly preserved one substantive question for determination on merit:
"Whether the Privatisation of KPC, being primarily driven by IMF loan conditionalities and not an independent sovereign determination of public interest, violates the sovereignty of the people (Article 1), national values of patriotism (Article 10) and constitutes an unlawful abduction of state authority to an external entity."
The Court also directed the Government to produce, within 21 days, important documents relating to the privatisation. The Court has effectively invited the Petitioners to prove, through documentary evidence, that the privatisation was not a sovereign policy choice but a coerced compliance with IMF conditionalities, hence, a violation of Article 2(6) of the Constitution.
https://t.co/gIabTvB4cU
The attempt by the Attorney-General and Treasury CS to halt this case is a diversion. The High Court has already affirmed jurisdiction, and Kenyans deserve answers on how nearly Sh7 trillion was borrowed and spent. Accountability cannot be outsourced or delayed the Constitution demands transparency, and we will not relent until every shilling is accounted for. The law cannot wait for a forensic audit to determine if the Constitution was violated.
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
For years, the Auditor-General has exposed billions lost through financial mismanagement and irregular expenditure. Yet accountability remains elusive.
I have formally sought a statement in @Senate_KE on the effectiveness of the @EACCKenya in acting on these findings. Kenyans deserve answers, action, and justice, not endless audit reports gathering dust.
Public money must serve the people, not the corrupt.
#Accountability
William Ruto was elected to punish Kenyan voters for electing bad leaders.
He's not in office to bring development but to show Kenyans what incompetent, clueless & corrupt president can do when given an opportunity to lead.