The Attorney General (AG) has called for the dismissal of a petition filed by activist Okiya Omtatah, which challenges Kenya’s growing public debt, currently standing at Sh4.6 trillion. Omtatah’s petition, which claims that the debt burden is unconstitutional and a threat to Kenya’s financial stability, has sparked a legal battle that now faces opposition from the AG’s office.
In a court filing, the AG argues that Omtatah’s petition lacks legal merit and should be struck out. The government’s position is that the country’s borrowing, particularly the debt levels, is legitimate and necessary to fund critical infrastructure projects, development programs, and meet fiscal obligations. The AG asserts that such decisions fall within the discretion of Parliament and the executive, and that the petition fails to demonstrate any violation of the Constitution.
Omtatah, a long-time advocate for public accountability, contends that the rising debt poses significant risks to Kenya’s economic sovereignty and its ability to service the debt in the long term. He has called for judicial intervention, arguing that the government’s borrowing practices lack transparency and fail to adequately safeguard the interests of future generations.
The public debt issue has been a source of significant debate in Kenya, with concerns raised over the sustainability of borrowing and its impact on the country’s fiscal health. While the government maintains that the debt is managed responsibly, critics argue that it is spiraling beyond controllable limits, putting pressure on Kenya’s budget and its capacity to finance public services.
The court’s ruling on whether Omtatah’s petition will proceed or be struck out could have significant implications for how Kenya approaches its fiscal management and public debt in the future. It will also set a precedent on the judicial role in overseeing government borrowing and the protection of citizens’ economic rights.
