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A three-judge High Court bench has dismissed Attorney General Dorcas Oduor’s bid to strike out Busia Senator Okiya Omtatah's petition challenging the legality and constitutionality of Kenya's Sh7 trillion public debts.

The bench comprising Justices Francis Gikonyo, Moses Ado and Roselyne Aburili rejected arguments by the AG that the dispute should first be handled through a forensic audit being conducted by the Auditor-General and parliamentary oversight mechanisms.

"For the foregoing reasons, we find that the notice of motion dated May 5 is without merit and is hereby dismissed. The petition shall proceed to hearing and determination on its merits," Justice Ado said reading the ruling on behalf of the bench

The ruling is a significant early victory for Busia Senator Omtatah and eight co-petitioners who filed the case in April 2025 challenging what they describe as "odious debts" of Sh6.95 trillion allegedly accumulated between the 2014/2015 and 2023/2024 financial years under former President Uhuru Kenyatta and President William Ruto.