NO ESCAPE FOR RUTO & IMF⁉️As Okiya Omtatah New Petition Corners Ruto In Secret IMF 7Trillion Deal 🚨

NO ESCAPE FOR RUTO & IMF⁉️As Okiya Omtatah New Petition Corners Ruto In Secret IMF 7Trillion Deal 🚨 WHY SEN OMTATAH WANTS THE BRETTON WOODS (IMF & WB) ACT TO FALL 🔴 It’s a pre-2010 relic that never got constitutionally adapted ✅Enacted in 1963, before the 2010 Constitution ✅Under Paragraph 7 of the Sixth Schedule, “existing laws” only survive if construed to conform with the Constitution — the Act cannot be saved by reading down 🔴 Section 3 — Treaty acceptance without Parliament ✅Lets the Treasury CS sign/accept IMF-WB agreements with no parliamentary approval, bypassing the Treaty-Making and Ratification Act, 2012 🔴 Section 4 — Public finance control bypassed ✅4(1): Charges all IMF/WB payments on the Consolidated Fund “without further appropriation” — an open-ended, permanent charge with no annual parliamentary oversight ✅4(2)–(3): Lets the CS borrow and issue securities “on such terms as he thinks fit” — unfettered delegation of borrowing power 🔴 Section 5 — Sweeping immunities ✅Gives IMF/WB immunity from all judicial process, taxation, search/seizure, and makes their archives and communications inviolable ✅Creates an asymmetry: these institutions can sue Kenyans but can’t be sued — argued to violate equality before the law (Art. 27) ✅Blocks public access to loan terms, conditionalities, and debt information (Art. 35) 🔴 “Closed loop of unaccountable finance” ✅Executive commits Kenya → borrows → charges Consolidated Fund automatically → lender is immune from scrutiny — a self-contained cycle bypassing every constitutional finance safeguard (Chapter Twelve) 🔴 De facto constitutional amendment ✅Argues the Act effectively transfers sovereign powers (fiscal policy, judicial oversight) to non-constitutional bodies (IMF/WB) without going through the Article 255–257 amendment process 🔴 Fails the proportionality test (Art. 24) ✅Relies on Waite and Kennedy v. Germany — immunity is only valid if there’s an effective alternative remedy; IMF/WB internal panels (Inspection Panel, CAO) are non-binding and inadequate, so absolute immunity is disproportionate 🔴 Structural, not just rights-based, challenge ✅Petition is anchored heavily on Article 258 (protecting the Constitution itself), not just Article 22/24 — meaning it argues these provisions can’t be “balanced” or justified at all, they’re either constitutional or void 🔴 Distinguishes/attacks the Kandie v. Alassane Ba precedent ✅That Supreme Court case upheld absolute immunity for an international body; petitioners argue it was wrongly decided and doesn’t address Chapter Twelve or alternative-remedy requirements 🔴 Doctrinal stacking for relief ✅Invokes five cumulative doctrines — derivative unconstitutionality, illegality, ostensible authority, public policy, and legitimate expectation — to argue the entire statutory framework (and everything done under it) is void, not just prospectively but retroactively #okiyaomtatah #imf #worldbank #ruto #fakedebt