NAIROBI, Kenya, July 13 – The Attorney General has asked the High Court to suspend proceedings in a petition challenging the government’s management of more than Sh6.9 trillion in public debt, arguing that the issues raised are already the subject of an ongoing forensic audit.
The application, filed before the Constitutional and Human Rights Division of the High Court, seeks to halt a petition by Busia Senator Okiya Omtatah and other petitioners, who want the court to declare that the management and use of public debt, including proceeds from the Eurobond, violated the Constitution.
The petition also seeks 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 incurred outside the approved budget framework.
In the application, the Attorney General argues that verification and tracing of public funds falls within the constitutional mandate of the Auditor General, who is already conducting a forensic audit into the Eurobond proceeds.
The government contends that allowing the case to proceed before its appeal is determined would render the appeal nugatory and could result in conflicting constitutional findings.
The application is supported by an affidavit sworn by Treasury Cabinet Secretary John Mbadi and comes weeks after the High Court dismissed the Attorney General’s preliminary objection to the petition on June 25, clearing the way for the substantive case to proceed.
