Okiya Omtatah challenges IMF, World Bank immunity law in court
Busia senator Okiya Omtatah and two others have challenged an Act that grants the International Monetary Fund (IMF) and the World Bank immunity from court proceedings, taxation and disclosure, arguing that it undermines Kenya’s constitutional order.
Mr Omtatah, together with activists Bernard Muchiri and Naomi Misati, moved to the High Court to challenge the Bretton Woods Agreements Act, saying the law, enacted in 1963, is incompatible with the Constitution.
The petitioners argue that the Act gives the Executive sweeping powers to enter into international financial agreements, borrow money and commit public funds without adequate parliamentary oversight while shielding the IMF and the World Bank from accountability before Kenyan courts.
According to the petition, the law creates “a closed loop of unaccountable financial governance” that violates the Constitution by allowing the Executive to accept international agreements, incur debt and spend public funds while protecting the institutions receiving the funds from judicial scrutiny.
The three contend that Section 5 of the Act incorporates provisions of the IMF and World Bank agreements into Kenyan law, granting the two institutions immunity from every form of judicial process, taxation, search, seizure and confiscation.
They argue that these protections deny Kenyans their constitutional rights to access justice, a fair hearing and information.
“The petition raises fundamental and urgent questions of constitutional importance concerning the validity of the Bretton Woods Agreements Act, a statute enacted in 1963, whose continued operation in the post-2010 constitutional dispensation is unconstitutional,” the petition states.
The petitioners further argue that the Act allows the Executive to implement international agreements without parliamentary approval under Section 3, while Section 4 authorises payments to the IMF and the World Bank directly from the Consolidated Fund without annual appropriation by Parliament.
They also fault provisions allowing Treasury Cabinet Secretary to borrow money “on such terms as he may think fit,” saying they are inconsistent with the constitutional framework governing public borrowing and management of public finances.
According to Omtatah, the combined effect of the Act is that the Executive commits Kenya to international obligations, borrows funds, authorises payments from the Consolidated Fund and shields the beneficiary institutions from legal action.
The petitioners argue that such an arrangement weakens judicial oversight, limits Parliament’s control over public finance and undermines constitutional safeguards on accountability.
The petition further claims that the law violates various articles of the constitution including Articles 1, 2, 94, 159 and 165, as well as the provisions of Chapter Twelve on public finance.
According to the petitioners, the Act effectively amends the Constitution without following the amendment procedures set out under Articles 255, 256 and 257.
They also argue that the absolute immunity granted to the IMF and the World Bank fails the constitutional test of proportionality under Article 24 because it limits the right of access to justice without providing effective alternative remedies.
According to the petition, every day the law remains in force, public funds remain exposed to unaccountable expenditure while Kenyans continue to be denied effective legal remedies against the two international financial institutions.
They maintain that the continued operation of the Act poses an imminent threat to the constitutional order, the rule of law and the effective functioning of Parliament and the Judiciary.
The petition also raises what the applicants describe as novel constitutional questions, including whether a pre-2010 statute can continue to authorise executive treaty implementation, unrestricted borrowing powers and broad institutional immunities without being aligned to the Constitution.
The High Court has directed the respondents and interested parties to file and serve their responses to both the application and the petition within 14 days.
The matter will be mentioned on September 29, 2026, to confirm compliance and for further directions.
Shows
See AllAM Live
AM Live is NTV's morning current affairs show that sets the agenda for the day with insightful panels every weekday.
Business Redefined
Business Redefined is Kenya’s premier thought leadership platform for unpacking matters regarding economic and finance policy as well demystifying complex developments in the region’s capital markets.
Comedies
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Creatives & Coins Podcast
A podcast that dives deep into the vibrant and rapidly evolving digital creative economy in Kenya. This show explores the lives, challenges, and triumphs of individuals who are successfully navigating the gig and creative economies. From digital artists and content creators to freelance writers and tech entrepreneurs, we spotlight the voices that are shaping the future of work in Kenya.
Documentaries
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Entertainment
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Fixing The Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar. Podcast created by: Nation FM
Fixing the Nation
Fixing the Nation is a bold and groundbreaking show that will take an unflinching look at challenges facing the Kenyan society and the solutions that can move us forward. It is anchored by respected journalists Eric Lattif, Janet Mbugua, and Mariam Bishar
Full Episodes
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Gumzo La Sato
Gumzo La Sato is a live social issues show that aims to create awareness about issues affecting the larger society. The discussions range from Parenting, Marital bliss and struggles, Oppression, violence, and all matters of the Heart.
Health Diary
Health Diary is a weekly show that highlights different types of diseases/conditions and seeks ways to prevent, treat/manage them. The show debunks this through real life stories and also feature specialists in different fields, to offer medical advice on the same.
Letter To My Younger Self
Letter To My Younger Self is a podcast where guests get to write a letter to their younger self, from which Maxine formulates questions to ask them during the hour-long show.
Lunch N Rants
Take a minute outside your schedule to have a good laugh and conversations that resonate with you. Welcome to Lunch N Rant podcast where we talk about anything and everything life.
Nation Reports
Nation Reports is a weekly podcast offers an opportunity for listeners to interact with various reporters and journey with them as they unravel the biggest most emotive stories.
One Health Lens Podcast
Discussing health matters and human stories from Kenya and across Africa. We talk big picture from people to policy, ecosystems, and everything in between. Follow us on LinkedIn: https://www.linkedin.com/company/onehealthlens
Paradise Lost
Paradise Lost peeks through the story of Louis Otieno, the times, and everything in between.
Primetime
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Speaking of GEN Z
Speaking of Gen Z brings you entertaining but meaningful conversations about a generation that is trying to navigate through adulthood. Join hosts Michelle, Jackie and Esther as they unravel all things Gen Z.
Sport On
Sport-On is a 30-minute sports magazine show on NTV and 3 hours on NATION FM. The show seeks to give the sports “fanatics” and “funatics” comprehensive and in-depth coverage of sports both locally and internationally.
Tech-over
The extent of technological growth is beyond mere acknowledgment; it has seamlessly integrated into our daily existence. A few years ago, the notion of paying electricity bills through mobile money or recharging with 'tokens' in Kenya seemed inconceivable. Online product sales were considered distant, and artificial intelligence is rapidly reshaping various facets of our lives. Amidst these technological leaps, those with a solid understanding of tech can navigate challenges, seize opportunities, and build a sustainable livelihood. Tech over Show aims to be the platform facilitating discussions among thought leaders, innovators, tech companies, and the government, addressing challenges and opportunities in Kenya's thriving tech industry.
Thamani
Thamani is a business show which is dedicated to emerging issues regarding micro, small and medium size businesses.
The Politalk podcast
This is The Politalk podcast. Here we look into the ins and outs of everything Kenyan politics. We pull no punches and have no reason to sugarcoat anything that matters to Kenyans.
The Trend
A two-hour-long live show that airs on Fridays. The show focuses on what is current in the entertainment industry, controversial and popular across all media platforms targeting those aged between 25 and 35 years.
The trend podcast
The trend podcast highlights and captures the best of banter from #TTTT segment that airs every Friday on NTV. It's the TTTT EXTRA
The Wicked Edition
The Wicked Edition with Dr. King’ori seeks to address serious issues through humour and relatable wit. It is a two-part half hour show filmed in front of a live audience
Trending
A collection of our premium content. Diam curabitur vehicula A collection of our premium content. Diam curabitur vehicula
Twende
Twende is a travel show that highlights beautiful, unique, diverse locations, people, and cultures. The show offers fresh perspectives on familiar locations and memorable experiences in new ones.
Unscripted
This Saturday evening lifestyle show lets viewers share their stories and life experiences as openly & honestly for the purpose of shifting the culture of silence.
VIP Access
VIP ACCESS is Anyiko Owoko’s YouTube and podcast show on Music and Culture dedicated to promoting Africa’s most promising talent and creatives. This podcast grants you VIP access into timeless interviews while providing a platform for rising as well as established artists across the continent. Since launching in 2018, Anyiko has interviewed over 70 African music stars.
WADR
This weekly news show aims to have all sides of debate but not be constrained by it, listen to main voices in the contest but not allow them to hold the viewers hostage, entertain debate but allow push back with all due respect.
When death do us part
In this podcast, three widowers openly speak about the process of grief, how they found themselves exposed to the emotional turmoil of losing their wives, and how society still does not know how to deal with them.
Your World
Your World is a health, wellness and variety show. It provides a platform for audiences and experts to share their experiences on how to improve or manage health issues, across Kenya and the Africa region.