This website is designed to help all Kenyans understand the Odious Debt petition currently before the court. It breaks down the case in simple language so that everyone can grasp its significance. Since this matter affects us all, we've also included the full case files at the bottom of the page for those who wish to review the petition in detail. This is a public interest case, and as a Kenyan, it’s something that deserves your attention.
Debt is not an escape; it is a trap!
Odious debt is like this:
Imagine a family where the father secretly borrows money using the family name. He does not ask the wife or children, and he does not use the money to help the family. He spends it on himself or wastes it.
Later, when the lender comes to collect the money, they ask the whole family to pay it back. But the family says, "We never agreed to this loan. It didn't help us. Why should we pay for it?"
The petitions in HCCHRPET E216 of 2025 allege that:
The National Executive borrowed funds unlawfully, bypassing parliamentary approval
Eurobond funds were unaccounted for, not tied to development projects, and not included in Appropriation Acts
The 2014 amendment to the Public Finance Management Act is unconstitutional
Citizens should not bear the burden of repaying loans tainted with corruption
The petition (HCCHRPET E216 of 2025) filed at the Milimani High Court (Constitution & Human Rights Division) is brought by nine petitioners led by Okiya Omtatah Okoiti against 22 respondents including former President Uhuru Kenyatta, the National Executive, National Treasury officials (current and former), the Auditor General, Controller of Budget, National Assembly, and the International Monetary Fund (IMF), among others. Eleven interested parties are also listed, such as the Law Society of Kenya, Katiba Institute, and Transparency International.
9 Citizens led by Okiya Omtatah Okoiti
22 Respondents including former President Uhuru Kenyatta, National Treasury, and IMF
11 Parties including Law Society of Kenya, Katiba Institute, Transparency International
Breakdown of Kenya's borrowing between 2014-2024
• Debt in Question: KES 6.95 trillion from FY 2014/15 to 2024/25.
• Targeted Borrowing: All Eurobond loans (USD 7.1 billion) and additional unbudgeted loans.
• Legal Framework Cited: Dozens of provisions from the Constitution, Public Finance Management Act, and
other statutes.
2014-2024 Period
Via Appropriation Acts
Alleged Odious Debt
The petition claims that Ksh. 6.95 trillion in debt accumulated between FY 2014/2015 and FY 2023/2024 is unconstitutional and qualifies as odious debt because it was:
According to the petition, Kenya borrowed a total of USD 7.1 billion through Eurobonds between the financial years 2014/2015 and 2020/2021. The breakdown of these Eurobond issuances is as follows:
| Year | Amount (USD) | Repayment Year(s) |
|---|---|---|
| 2014 | $2.0 billion | 2024 |
| 2018 | $2.0 billion | 2028 / 2048 |
| 2019 | $2.1 billion | 2025-2032 |
| 2021 | $1.0 billion | 2034 |
The petition further states that between the financial years 2014/2015 and 2024/2025, the government borrowed a total of KES 9.11 trillion, while only KES 2.57 trillion was authorized by Parliament through Appropriation Acts. This results in a discrepancy of KES 6.54 trillion in borrowing that was not lawfully approved. The total amount of loans described as odious and unaccounted for in the petition is KES 6,950,163,132,328, covering both the Eurobonds and other concealed loans borrowed outside the national budget process.
Kenya’s 2014/2015 development budget was fully funded by:
The Eurobond funds were allegedly:
Offshore Violations:
Eurobond proceeds were deposited in JP Morgan Chase and Citibank New York, violating Article 206(1), and exposing the funds to theft.
Alleged illegal rollovers totaling Ksh. 2.5 trillion, projected to reach Ksh. 4.8 trillion by 2027/2028:
Constitutional and statutory violations alleged
The petition claims Kenya operates two parallel budget systems:
Odious debt in the trillions
What the petitioners are asking the court to do