High Court Sends Omtatah’s Debt Challenge to Chief Justice for Multi‑Judge Bench June 19, 2025 The High Court has formally referred a petition led by Busia Senator Okiya Omtatah to Chief Justice Martha Koome, who will now assemble a bench of at least three judges to hear the matter — a move prompted by the constitutional significance of the arguments involved. ⚖️ What’s at Stake The petition (No. 216 of 2025) questions the legality and constitutionality of Kenya’s public debt, especially a Ksh 4.6 trillion accrued during former President Uhuru Kenyatta’s administration, and Ksh 2.2 trillion in additional loans under President William Ruto . Petitioners argue that significant portions of this debt—especially Eurobond funds—were obtained without proper parliamentary oversight and ought to be deemed “odious debt” that should not fall on Kenyan taxpayers . 🚨 Court’s Ruling Justice Bahati Mwamuye confirmed the petition raises serious constitutional questions and certified it as urgent under Article 165(4), prompting its referral to the Chief Justice . The judge noted overlap with an existing related case (Petition E248 of 2023) before a separate three‑judge bench, scheduled for submission highlights on June 20, 2025 . 🏦 Who’s Involved & Why It Matters Petitioners include Omtatah and eight activists seeking declarations that future significant borrowings must undergo full legal and parliamentary scrutiny . The Central Bank of Kenya, as a party to the case, has urged the High Court to form a multi‑judge bench due to the petition’s scale and implications for public finance, national economic stability, and generational equity . They allege ongoing unconstitutional borrowing, including a purported Ksh 143 billion loan from China lacking legislative approval . 🔜 What Happens Next Chief Justice Koome will select the panel to hear the petition. Interested parties expect the bench to take a firm stance on constitutional compliance in public borrowing and whether certain debts should be held invalid for the state. This case is poised to have profound implications for Kenya’s financial governance and the limits of executive borrowing power. Expect further proceedings once the bench is constituted and hearings begin.