The High Court on Saturday, April 26, directed Busia Senator Okiya Omtatah to serve former President Uhuru Kenyatta and senior government officials with a petition seeking their accountability over the country's debt.
The directive followed a suit filed by the lawmaker and 8 others, which sought legal accountability from the former Head of State and top officials, including Treasury Cabinet Secretary John Mbadi, over the massive debts accumulated.
In the court notice, Justice Bahati Mwamuye ordered the Busia Senator to serve all the respondents and interested parties with the petition by May 2, this year.
Justice Mwamuye also ordered the respondents and interested parties to provide their respective responses by May 23. "The timelines shall strictly be applied and enforced," Mwamuye stated.
"The petitioners shall also separately file and serve a table indicating the relative position of each respondent and each Interested party based on the responses," Justice Mwamuye directed.
The petition filed by Omtatah and eight other Kenyans also questioned the legitimacy of loans taken under President William Ruto’s government, which amount to Ksh2.2 trillion.
In the suit, the lawmaker also wants Attorney General Dorcas Oduor, Controller of Budget Margaret Nyakang'o, Auditor General Nancy Gathungu and Treasury Principal Secretary Chris Kiptoo to be held responsible for the country's bulging debt.
Others also attached as respondents in the petition include 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 co-petitioners also accused the current and former regimes of allegedly violating the Constitution through the unwarranted acquisition of huge loans.
According to the complainants, by illegally placing the Eurobond funds into an offshore account instead of the Consolidated Fund, the government exposed the money to misuse.
"Billions have been borrowed through off-budget loans; loans that never passed through Parliament for approval, borrowed unconstitutionally and not tied to any development projects, as the law demands," Omtatah contended.
"The petitioners believe this was done with improper or corrupt motives, without consideration for the public interest,” read part of the petition.
