The High Court on Saturday, April 26, directed Busia Senator Okiya Omtatah to officially serve former President Uhuru Kenyatta and several senior government officials with a legal petition accusing them of mismanaging Kenya’s public debt.
This directive comes after Omtatah, along with eight other petitioners, filed a case seeking legal accountability from the former president and other high-ranking officials, including Treasury Cabinet Secretary John Mbadi, for allegedly contributing to Kenya’s ballooning debt crisis.
In the orders issued, Justice Bahati Mwamuye instructed Senator Omtatah to ensure all respondents and interested parties receive the petition documents by May 2.
The judge emphasized that the timeline must be strictly followed and enforced without delay.
Additionally, Justice Mwamuye ordered that all those named in the case must file their formal responses by May 23.
The petitioners were also instructed to file and serve a detailed table clearly indicating the specific positions and responses of each respondent and interested party.
Besides targeting officials from the previous government, the petition also questions the legitimacy of loans obtained during President William Ruto’s administration, which reportedly amount to Ksh2.2 trillion.
Among those named in the case are Attorney General Dorcas Oduor, Controller of Budget Margaret Nyakang’o, Auditor General Nancy Gathungu, and Treasury Principal Secretary Chris Kiptoo.
The petition also includes former officials such as former Controller of Budget Agnes Odhiambo, former Auditor General Edward Ouko, former Attorney General Githu Muigai, former Treasury CS Henry Rotich, and former Treasury PS Kamau Thugge.
Omtatah and the other petitioners accuse both the previous and current governments of breaching the Constitution by carelessly accumulating massive debts without proper oversight.
They argue that by channeling Eurobond funds into an offshore account instead of the Constitutionally-mandated Consolidated Fund, the government exposed public money to possible misuse and corruption.
The petition further claims that billions were borrowed through off-budget arrangements, meaning loans were acquired without the approval of Parliament.
According to the petitioners, these debts were taken unconstitutionally and were not tied to specific development projects as required by law.
“The petitioners firmly believe these actions were motivated by improper or corrupt intentions, carried out without regard for the welfare of the public,” part of their statement reads.
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