Kenya's public debt case set for full hearing, High Court rules

In a statement issued on Thursday, Omtatah said the court rejected attempts by the Attorney General and other respondents to have the petition dismissed, paving the way for the case to be heard on its merits.

"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," Omtatah said.

The senator, however, disclosed that the court upheld the International Monetary Fund's (IMF) claim of diplomatic immunity and struck it out of the petition.

While expressing respect for the court's decision, Omtatah maintained that accountability over Kenya's debt burden must extend to all actors involved in the country's borrowing processes.

"The Court upheld the IMF 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," he stated.

Omtatah revealed that he is preparing a separate legal challenge against the Bretton Woods Agreements Act, 1963, arguing that it should be tested against the provisions of the Constitution of Kenya 2010.

He further noted that the court dismissed applications filed by the former Auditor General, former Controller of Budget, the current Auditor General and the current Controller of Budget seeking to be excluded from the proceedings.

"This is a significant victory for transparency, accountability, and the Kenyan people," Omtatah said.

According to the Senator, the petition will be amended as directed by the court before the matter returns for mention on July 22, 2026.

Omtatah said the case seeks to establish how Kenya accumulated trillions of shillings in public debt, how the borrowed funds were utilised, whether the public benefited and whether the law was followed throughout the borrowing process.

"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," he said.

The legislator maintained that the case is aimed at safeguarding the country's future and protecting the interests of Kenyan taxpayers.