The Law Society of Kenya (LSK) has strongly criticized the appointment of the Presidential Taskforce on Forensic Audit of Public Debt as unconstitutional.
Further asserting that it encroaches on the Auditor-General’s mandate.
In a statement issued on Saturday,6th July, LSK CEO Florence Muturi referenced Article 229 of the Kenyan Constitution.
Which establishes the Auditor-General’s office responsible for auditing public debt.
“LSK, under its statutory mandate, advises the President to refrain from usurping the Constitutional powers of the Auditor-General
Through Executive Orders and allow the Auditor-General to perform her constitutional duties,” Muturi emphasized.
Highlighting Article 229(4), Muturi pointed out that the Constitution explicitly tasks the Auditor-General with auditing public debt within six months after each financial year.
She emphasized that the Auditor-General’s role extends to auditing the accounts of all governments and state organs.
The statement referenced a recent High Court decision in Ondago v Natembeya & 15 others [2023] KEHC 22268 (19 September 2023).
Which nullified a similar force appointed to audit County Government debts, reinforcing the exclusive role of the Auditor-General in such matters.
Muturi underscored LSK’s responsibility to protect and advise the public, uphold the Constitution, and advance the rule of law and administration of justice in Kenya.
Members chosen
The statement came in response to President William Ruto’s announcement on Friday appointing an independent debt task force to conduct a forensic audit of Kenya’s public debt.
The task force, chaired by Nancy Onyango with Luis Franceschi as Vice Chairperson.
Further includes members like LSK President Faith Odhiambo, Philip Kaikai from ICPAK, Shammah Kiteme from IEK, and Vincent Kimosop.
Abraham Rugo and Aaron Thegeya were appointed as joint secretaries.
President Ruto mandated the task force to operate for three months from July 5, 2024.
Aiming to address public concerns over Kenya’s debt burden and ensure transparency in public resource management.
“This audit will provide the people of Kenya with clarity on the extent and nature of the debt, and how public resources were expended.
And will recommend proposals for managing our public debt sustainably and equitably across generations,” Ruto stated.
