Senator Okiya Omtatah has taken the battle to the High Court with a petition that could change Kenya’s history.
Omtatah argues that of the Sh9.11 trillion borrowed between 2014 and 2024, only Sh2.57 trillion was legally approved by Parliament through Appropriation Acts. He alleges the remaining Sh6.54 trillion is "odious debt" money borrowed unconstitutionally, never appearing in any budget, and never benefiting the people.
The petition specifically targets USD 7.1 billion in Eurobond debt, asking the court to declare it null and void.
In recent sessions, the IMF has attempted to plead diplomatic immunity, seeking to be struck from the case. Omtatah’s team has countered this, arguing that an international organization cannot commit "economic terrorism" by funding illegal processes and then hide behind immunity to avoid accountability.
The Chief Justice has assigned a multi-judge bench to determine this case, acknowledging that the question of whether a nation can repudiate "illegal" sovereign debt is a matter of supreme public interest.
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