A petition seeking to hold former President Uhuru Kenyatta and senior officials in his administration accountable for Sh4.6 trillion in debt will now be heard by a three-judge bench, following a directive by High Court judge Bahati Mwamuye.

In his ruling, Justice Mwamuye certified the matter as raising substantial constitutional issues and forwarded the case to Chief Justice Martha Koome to form a special bench.

He said the petition, filed by Busia Senator Okiya Omtatah and eight others, raised weighty legal concerns on potential violations of constitutional rights and misuse of public funds.

“Having considered the matter, I am satisfied that the petition raises substantial issues of law. Consequently, I certify the same and forward the petition to the Chief Justice for the empanelment of a bench to hear this matter,” he stated.

Justice Mwamuye also noted the petition's complexity and its connection to another pending case filed in 2023 that is before a three-judge panel. He said the case presented “unprecedented” legal questions related to public borrowing and accountability.

The petitioners accuse top officials in the Jubilee administration of misusing public funds borrowed through sovereign bonds, treaties, and agreements with international lenders. They claim the debt rose from Sh2.37 trillion, accumulated over five decades, to Sh8.57 trillion in just eight years under Uhuru’s rule.

They are asking the court to find the former President and key officials personally liable for the debt incurred between 2014/2015 and 2021/2022 under Article 226(5) of the Constitution. They have also termed Sh2.2 trillion borrowed during President William Ruto’s term as odious debt.

Among those named in the petition are former Treasury Cabinet Secretary Njuguna Ndung’u, Controller of Budget Margaret Nyakang’o, and Auditor General Nancy Gathungu.

However, Attorney-General Dorcas Oduor wants the court to dismiss the petition. She argues it risks interfering with a public debt audit already underway, covering the entire period from Independence to the present. “The Auditor General, prior to the filing of this petition, had already commenced an active audit of public debt from Independence (1963) to date,” said Oduor, through Deputy Chief State Counsel Samwel Kaumba.

She maintained that forcing the government to respond would prejudice the audit process and potentially compel Auditor General Gathungu to appear in court.

The Chief Justice is now expected to appoint the three-judge panel that will determine the next steps in the high-stakes case.