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The Central Bank of Kenya (CBK) has backed a constitutional petition challenging Kenya’s ballooning debt.
CBK, named as the 19th Respondent in Petition No. E216 of 2025 has announced its support for the empanelment of a bench to hear the landmark petition.
The case, filed by Senator Omtatah and eight other petitioners, challenges the legality and constitutionality of Kenya’s public debt practices.
The petition, filed in the High Court’s Constitutional and Human Rights Division, targets former President Uhuru Kenyatta, top Treasury officials past and present, the National Executive, and various oversight institutions, alleging they oversaw or enabled questionable debt accumulation in violation of Kenya’s Constitution.
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The Central Bank of Kenya (CBK)
“The Petition raises contested substantial issues of undoubted public importance,” CBK said in court filings dated May 29, 2025.
CBK, represented by Iseme Kamau & Maema Advocates, submitted 11 detailed grounds in support of the petitioners’ call for a multi-judge bench, arguing the case presents “substantial questions of law” under Article 165(4) of the Constitution.
Key among CBK’s arguments is that the case directly affects the country’s financial stability and the socio-economic rights of both present and future generations.
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Odious Debt Explained
Odious debt refers to a situation where a government borrows money in a way that benefits the ruling regime or a small group of elites, rather than the general population.
This debt is considered "odious" because it is incurred without the consent of the people and often used for purposes that do not benefit the public.
The key principle behind odious debt is that the citizens should not be held responsible for repaying debt that was used in violation of their interests or well-being.
In the case of odious debt, creditors are seen as complicit if they knowingly lend to governments with the intention of misusing the funds for personal or non-public benefits.
Thus, some argue that the debt should not be enforced and that creditors should not demand repayment, since the debt was incurred against the public good.
Okiya Omtatah is a politician and human rights activist, currently serving as the Senator for Busia County
READ ALSO: 10 African countries with the least debt burden in 2025
Okiya Omtatah’s Arguments in the Petition
Senator Omtatah argues that successive Kenyan governments have borrowed excessively and irresponsibly, using funds for purposes that do not benefit the citizens.
He contends that this borrowing violates constitutional provisions, specifically those meant to safeguard public welfare and the country’s economic stability.
Omtatah is accusing the government of failing to maintain adequate oversight and transparency, allowing for loans to be used inefficiently or for politically motivated projects rather than national development.
The petition references several constitutional articles that it claims have been violated due to illegal borrowing and poor management of public funds.
These include Articles 206, 211, and 228, among others, which cover the prudent management of public finances, the role of Parliament in approving borrowing, and the responsibility of the Treasury.
One of Omtatah's central arguments is that the public was not consulted or informed about the borrowings, and that the massive debt is not in line with the democratic principles of governance.
Okiya Omtatah
The petition is seeking judicial scrutiny of the public debt and asking the court to declare certain borrowings unconstitutional.
He has requested that the court appoint a multi-judge bench to fully investigate the legality and impact of the debt, arguing that the issue has serious implications for Kenya’s future.
He argues that Kenyans should not be burdened with debt incurred without their consent and that a system of borrowing that doesn’t prioritise public well-being must be corrected for the sake of the country’s future.