Busia Senator Okiya Omtatah has sparked renewed discussion on Kenya’s borrowing framework by urging a constitutional review to clarify who legally holds the authority to commit the nation to public debt.
In a statement shared on his X account on August 13, 2026, Omtatah emphasized that the critical issue is not the volume of debt but the constitutional power to bind future governments and generations to repayment obligations.
Constitutional Powers and Public Debt
Omtatah’s reflections, compiled in a document titled Sen. Omtatah’s Musings on Borrowing for the Republic, focus on Article 211 of the Constitution. This article empowers Parliament to legislate the terms under which the national government may borrow and to impose reporting requirements.
He argues that borrowing is a sovereign power that should not be treated as a routine administrative task executed solely by the Executive through the Cabinet Secretary for Finance. Instead, the constitutional framework places Parliament at the center of public debt management.
Debt and Future Generations
The senator highlighted that public debt obligations persist beyond the tenure of the government that incurred them, binding the Republic, future Parliaments, and generations to come. This enduring nature of debt calls for careful constitutional scrutiny of who has the authority to commit the country to such liabilities.
Budget Transparency and Legal Framework
Omtatah also referenced Article 220, which mandates that both national and county budgets disclose revenue and expenditure estimates, including proposals for financing deficits and borrowing plans. He stressed that borrowing must be transparent and visible within the budget process before new debt is contracted.
He questioned whether the current Public Finance Management Act, which grants the Cabinet Secretary for Finance authority to borrow within set limits, sufficiently respects Parliament’s constitutional role in establishing borrowing laws.
Context Amid Rising Debt
Kenya’s public debt has surpassed Ksh13 trillion, encompassing domestic and external loans. The government continues to rely on borrowing to cover budget deficits, with the Treasury’s 2027/28 budget outlook projecting a Ksh1.321 trillion deficit to be financed through Ksh1.085 trillion in domestic and Ksh235.9 billion in external borrowing.
Omtatah’s call for constitutional examination arrives as debates intensify over the balance of power between the Executive and Parliament in managing public finances and debt commitments.
“This deserves serious constitutional scrutiny,” he concluded, underscoring the importance of ensuring that the authority to bind Kenya to long-term debt rests on a solid constitutional foundation.
