BRIEF ON TODAY’S PROCEEDINGS IN THE ODIOUS DEBT PETITION AT MILIMANI HIGH COURT This morning, the Milimani High Court did not hear the substantive Odious Debt Petition. Instead, the matter was adjourned to allow the Court to address multiple interlocutory applications seeking either to dismiss the petition unheard or to strike out some parties from the suit. The key applications before the Court are as follows: 1) The Attorney General argues that, because the Government has directed the Auditor‑General to conduct a special audit of Kenya’s huge odious debt stock, the petition is premature and the Court lacks jurisdiction to entertain it at this stage. The AG therefore contends that the Court should await the outcome of that audit. The National Assembly supports the AG’s position. 2) The @IMFNews seeks to exit the case, invoking immunity under a treaty it signed with Kenya in 1963, which grants it absolute immunity before Kenyan courts. 3) The Former Auditor General Edward Ouk and the former Controller of Budget Agnes Odhiambo claim personal immunity, asserting that they acted in good faith during their tenure and therefore cannot be held accountable for any shortcomings. 4) The Current Auditor General FCPA Nancy Gathungu, CBS, and the current Controller of Budget Dr. Margaret Nyakang’o maintain that they cannot be sued in their personal capacities; only their respective independent constitutional offices may be parties to the suit. Although the petitioners had fully responded to all the applications and were ready to proceed, the @IMFAfrica and other parties stated that they were not ready and requested seven days to respond to the petitioners’ rebuttals of their applications. The Court then directed that all parties wishing to file any responses (replying affidavits and/or submissions) do so within seven days of today. The Court will thereafter peruse the documents and render its ruling on the applications on 25th June 2026. To fast‑track the matter, the Court will deliver its ruling on the applications without orally hearing the parties. There will be no highlighting of submissions. If any of the parties are struck out, they will be dropped from the case, and it may become necessary to amend the petition before it is heard on the merits. Finally, if the AG’s application to strike out the case unheard is dismissed, the petition will proceed to be heard and determined on the merits. If the application succeeds, the matter will end there. The petitioners are fully prepared and are doing everything possible to succeed in this epic battle against Kenya’s huge odious debt stock. Kenyan taxpayers deserve accountability and fiscal justice. We shall not relent. The petitioners will not be the first to blink. #ReKe #DeniBandia #OdiousDebtKenya
