Kenya's Constitution Court Takes Up Challenge to IMF Immunity under Bretton Woods Act

Senator Okiya Omtatah has filed a constitutional petition in Kenya’s High Court seeking to strike down the Bretton Woods Agreements Act, a 1963 law that grants the International Monetary Fund (IMF) and the World Bank immunity from Kenyan courts, taxation, and seizure. The petition argues that the Act violates the 2010 Constitution by allowing the executive to bind the country to international financial agreements without parliamentary approval, bypassing parliamentary appropriation, and providing no legal redress for Kenyan citizens harmed by the institutions’ actions. Activists Bernard Muchiri and Naomi Misati support the case, emphasizing that the current framework creates a “closed loop of unaccountable financial governance.” The court’s decision could reshape Kenya’s financial sovereignty and set a precedent for how international institutions are held accountable under domestic law.