AG Seeks Suspension of Public Debt Petition, Cites Ongoing Forensic Audit
The move comes just weeks after the High Court, on June 25, dismissed the Attorney General’s preliminary objection to the petition, paving the way for the substantive hearing to begin.
Photo: Courtesy.
By Robert Mutasi
The Attorney General has moved to the High Court seeking a suspension of proceedings in a landmark petition challenging the Kenyan government’s handling of over Sh6.9 trillion in public debt, arguing that the core issues are already under active investigation through a forensic audit.
In the application filed before the Constitutional and Human Rights Division, the AG contends that allowing the case filed by Busia Senator Okiya Omtatah and other petitioners to proceed would prejudice an ongoing appeal and risk conflicting constitutional interpretations.
The petitioners want the court to declare that the management and utilisation of public debt — including proceeds from the controversial Eurobond — violated the Constitution. They are also seeking to hold more than 20 respondents, including former President Uhuru Kenyatta, the National Treasury, and the Central Bank of Kenya, personally liable for billions of shillings allegedly spent outside the approved budgetary framework.
Audit Mandate Cited
According to the application, the verification and tracing of public funds fall squarely within the constitutional mandate of the Auditor General, who is already conducting a forensic audit into the Eurobond proceeds and related debt matters.
The government argues that continuing with the petition before the appeal is heard would render the appeal nugatory. “Allowing the case to proceed… could result in conflicting constitutional findings,” the filing states.
The application is supported by an affidavit sworn by Treasury Cabinet Secretary John Mbadi.
Background
The move comes just weeks after the High Court, on June 25, dismissed the Attorney General’s preliminary objection to the petition, paving the way for the substantive hearing to begin.
Senator Omtatah and the co-petitioners have maintained that the government’s debt management practices raise serious constitutional questions regarding transparency, accountability, and adherence to public finance laws.
The case touches on one of Kenya’s most pressing national concerns — the sustainability and governance of its massive public debt portfolio, which has been a subject of intense public debate and political contention in recent years.
No date has yet been set for the hearing of the Attorney General’s latest application.
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