NAIROBI, Kenya- Busia Senator Okiya Omtatah has moved to court seeking to overturn legal protections that grant the International Monetary Fund (IMF) and the World Bank immunity from certain legal proceedings in Kenya, arguing that the two global financial institutions should be accountable before Kenyan courts.
Omtatah, alongside activists Bernard Muchiri and Naomi Misati, has filed a constitutional petition at the High Court challenging provisions of the Bretton Woods Agreements Act, a law enacted in 1963 that domesticated Kenya’s agreements with international financial institutions.
The petitioners argue that the law gives the IMF and World Bank excessive immunity, shielding them from court proceedings, taxation, searches, seizure and other legal processes.
They contend that the protections undermine Kenyans’ constitutional rights to access justice, information and accountability.
Omtatah argues that the law allows international financial agreements, borrowing arrangements and public spending commitments to be undertaken without sufficient parliamentary and judicial oversight.
According to the petition, the Act creates a system where the Executive can commit the country to financial obligations while the institutions involved remain protected from legal scrutiny in Kenyan courts.
The senator and his co-petitioners are challenging the constitutionality of sections of the law, particularly provisions they say grant blanket immunity to the IMF and World Bank and conflict with the 2010 Constitution.
They argue that continued enforcement of the Act undermines constitutional principles on public finance management, separation of powers and accountability in the use of public resources.
The case comes amid renewed debate over Kenya’s public debt, borrowing agreements and the role of international lenders in the country’s economic affairs.
Omtatah has previously challenged government borrowing arrangements and questioned the accountability of institutions involved in Kenya’s debt obligations.
The High Court has directed respondents and interested parties to file their responses to the petition, with the matter set to come up for further directions on September 29, 2026.
The outcome of the case could determine the extent to which international financial institutions operating in Kenya can be subjected to legal scrutiny within the country’s courts.