High Court refers Omtatah's public debt petition to CJ Koome for bench formation

The ruling addresses the petitioners' application dated April 24, 2025, seeking certification under Article 165(4) of the Constitution that Petition No. 216 of 2025 raises substantial questions of law. Certification was unanimously supported by all parties.

Justice Mwamuye noted that there is another pending matter—High Court Petition No. E248 of 2023—currently before a three-judge bench comprising Justices Aburili, Chigiti, and Mugambi. 

That petition, which concerns the same subject matter, is set for highlighting of submissions on June 20, 2025.

“Having considered the matter and having compared this petition with Petition No. E248 of 2023, I am satisfied that the petition herein raises substantial questions of law under Article 165(4) of the Constitution,” the judge ruled. “Consequently, I certify this petition as urgent and forward it to the Chief Justice for empanelment of a bench.”

The petition seeks legal accountability from former President Uhuru Kenyatta and top officials in his administration over Ksh4.6 trillion in public debt accumulated during his tenure. 

It also challenges the legitimacy of Ksh2.2 trillion in loans acquired under President William Ruto’s government.

Omtatah and eight co-petitioners allege that the debt—particularly from Eurobond funds—was acquired without adequate oversight and constitutes "odious debt." 

They also want former Treasury CS Njuguna Ndung’u, Controller of Budget Margaret Nyakang’o, and Auditor-General Nancy Gathungu held accountable.