High Court Defers Omtatah Sh7 Trillion Debt Case, Sets June 25 for Jurisdiction Ruling
News Updated: 28 April 2026 17:52 EAT
Busia Senator Okiyah Omtatah
The High Court has adjourned the high-profile public debt petition filed by Okiya Omtatah, pushing forward a crucial determination on whether it has the authority to hear the matter. The case, which challenges approximately Sh7 trillion in Kenya’s public debt, will now await a jurisdiction ruling scheduled for June 25.
During the latest proceedings, the court directed that Uhuru Kenyatta and several former senior government officials named as respondents be granted seven days to file their responses. The individuals cited include key figures linked to borrowing decisions made during previous administrations.
The petition filed by Omtatah questions the legality of a significant portion of Kenya’s debt, arguing that billions were contracted without full parliamentary approval as required under constitutional provisions governing public finance. He contends that such borrowing may be unlawful and should be subjected to judicial scrutiny.
At the centre of the case is a constitutional argument that public borrowing must strictly comply with oversight mechanisms, including approval by the National Assembly and adherence to budgetary frameworks. The petitioner maintains that failure to follow these procedures renders parts of the debt invalid.
Lawyers representing state respondents have, however, challenged the case on procedural grounds, insisting that the High Court may lack jurisdiction to hear the matter in its current form. They argue that issues of public debt involve complex constitutional and fiscal considerations that may require a different judicial approach.
The jurisdiction question is now pivotal. If the court rules it has the mandate to proceed, the case will move into substantive hearings that could examine how trillions of shillings were borrowed and managed. If not, the petition could face dismissal or referral.
The lawsuit has drawn national attention due to its potential implications. A favourable ruling for the petitioner could trigger far-reaching consequences, including scrutiny of past borrowing practices and possible renegotiation of debt obligations.
Government legal representatives have previously defended Kenya’s borrowing record, citing continuity of state obligations and existing audit mechanisms as safeguards against irregularities. They maintain that all public debt remains binding regardless of administrative transitions.
The High Court’s adjournment effectively pauses the proceedings, shifting focus to the upcoming June 25 ruling, which is expected to determine the legal path forward for one of the country’s most consequential fiscal cases.
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FELIX MAKONA
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