Okiya Omtatah Og Image 3
Auditor General Nancy Gathungu has moved to the Court of Appeal seeking an order to halt proceedings in Senator Okiya Omtatah’s high-profile challenge to nearly Sh7 trillion in public debt.
The petition, filed last year, questions the legality and constitutionality of borrowings accumulated over roughly a decade under successive administrations. Read Full Article Here
Omtatah and co-petitioners argue that large portions of the debt, including controversial Eurobond funds, were incurred without proper parliamentary approval or clear public benefit.
They seek declarations that certain loans amount to odious debt and that key officials should face accountability.
The High Court earlier this year rejected attempts by the Attorney General and several respondents, including past and present holders of the Auditor General and Controller of Budget offices, to have the case struck out.
Judges ruled the petition could proceed to a full hearing on its merits, directing amendments and setting a mention date.The Auditor General’s fresh application now asks the appellate court to intervene and stop the matter.
Officials have long maintained that an independent forensic audit already underway under constitutional and statutory mandates should take precedence.
They contend that parallel court proceedings risk conflicting findings, interfere with specialized oversight functions, and breach principles of separation of powers and exhaustion of alternative remedies.
Supporters of the petition see the move as an effort to shield the debt accumulation process from deeper judicial scrutiny. Critics of the case counter that courts should not pre-empt the Auditor General’s technical work or parliamentary processes.
The outcome at the Court of Appeal will determine whether the substantive hearing continues or pauses while the audit runs its course.
Kenya’s public debt remains a pressing national concern, with taxpayers bearing the burden of servicing obligations that have grown rapidly.
Whatever the appellate decision, the dispute underscores unresolved questions about transparency, legal compliance, and the true public value of trillions borrowed in the people’s name.
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