Okiya Omtatah Claims Kenyans Have Overpaid its debt by KSh 3 Trillion

He describes the current KSh 6.9 trillion burden on citizens as “Deni Bandia” – fake or illegitimate debt. Omtatah and other petitioners are set to argue their case head-on this Tuesday at the Milimani High Court in Nairobi, where they seek a landmark ruling on the matter.

The petitioners, led by Omtatah, argue that a large portion of Kenya’s debt accumulated between 2014 and 2024 was borrowed without proper approval by Parliament. Out of more than KSh 9 trillion reportedly borrowed during that period, they claim only about KSh 2.57 trillion was legally authorised through the Appropriation Acts. The rest, including a significant part of the Eurobond debt, is said to have been taken unconstitutionally, never reflected in national budgets, and not used for the benefit of ordinary Kenyans. They want the court to declare such debts null and void under the doctrine of odious debt, which holds that citizens should not be forced to repay money borrowed illegally or against their interests.

The case, filed at the Constitutional and Human Rights Division of the High Court, names several high-profile respondents, including former President Uhuru Kenyatta, current and former Treasury officials, the National Assembly, and even the International Monetary Fund. Omtatah’s team insists that Kenyans have already serviced more than enough to cover any genuine obligations, and continuing to pay what they call fake debt only adds unnecessary hardship through high taxes and reduced public services.

This Tuesday’s hearing is expected to attract wide public attention as it touches on a sensitive national issue affecting every Kenyan taxpayer. The Chief Justice has assigned a multi-judge bench to hear the petition, recognising its importance to the country’s financial future. Many citizens are keenly following the case, hoping the court will provide clarity on how public debt should be managed in line with the Constitution. The outcome could have far-reaching implications for Kenya’s borrowing practices and debt repayment obligations in the years ahead.