Willis Otieno: Kenyans should reject illegitimate debts
Lawyer and political commentator Willis Otieno has raised fresh questions on Kenya’s ballooning debt, arguing that not all loans contracted by governments should be passed on to citizens as national obligations.
In a statement shared through his X account on Sunday, September 7, 2025, Otieno dusted off the doctrine of odious debt, a principle in international law developed in 1927 by legal scholar Alexander Sack.
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The doctrine states that when regimes contract debt without the consent of the people and the money is not used for the public good, those loans are not binding on the state. Instead, such debts are considered the responsibility of the leaders who misused them.
Also Watch: Ndindi Nyoro Sounds Alarm Over Kenya Kwanza’s Sh3.5 Trillion Borrowing
“With respect, that’s a superficial reading of international obligations. Not all debt is legitimate under international law. The doctrine of odious debt, articulated as far back as Alexander Sack in 1927, holds that debts incurred by a regime without the consent of the people, and not used for their benefit, are personal debts of the regime, not binding obligations of the state,” Otieno stated.
Otieno claimed that Kenya has borrowed billions of shillings in recent years without proper parliamentary approval.
He highlighted instances where money was siphoned into offshore accounts or lost through corrupt schemes such as the Eurobond scandal. According to him, such borrowing cannot be regarded as legitimate state obligations but should instead be treated as personal debts owed by the individuals involved in the theft.
Elsewhere, Justina Wamae also blasted Kenya Kwanza’s government over the Ksh3.5trillion debt.
He added that international law has long acknowledged the principle that illegitimate debt does not bind successor governments. In his view, Kenya has the right to repudiate debts that were contracted unlawfully and used for private enrichment rather than public benefit.
“If billions are borrowed without parliamentary approval, siphoned into offshore accounts, or stolen through schemes like Eurobond, those are not Kenya’s obligations; they are the obligations of the thieves who took and misused them. International law has long recognised that such debts lack legitimacy, and successor governments can repudiate them,” he added.
Otieno’s sentiments come as the country’s public debt has crossed alarming levels, burdening the taxpayers. The government continues to allocate a significant portion of its annual budget to servicing loans, leaving less room for investment in health, education, and other essential services.
