Blow to Ruto as court suspends establishment of taskforce on public debt

By Peter Ochieng

President William Ruto on Monday received a major blow, after the High Court suspended the establishment of the Presidential task force on the forensic audit of public debt, albeit temporarily.

The court issued the orders, pending the determination of a case filed by two petitioners, including Dr Magare Gikenyi, a Nakuru based doctor.

Justice Lawrence Mugambi issued the orders, after Gikenyi and Eliud Matindi argued that the work of auditing public debt is a constitutionally mandated function of the Auditor General, and not any task force appointed by the Executive or any other person.

"The office of the Auditor-General is independent. Duplicating roles is a waste of scarce public resources since the task force will essentially be performing roles of existing public offices, contrary to the constitution," they argued.

The court will issue further directions on the matter, on July 23, 2024. President Ruto formed the taskforce as a response to some of the demands raised by youth popularly known as Gen-Zs and millennials. He formed the taskforce on Friday last week, through executive order No 4.

He said the establishment was part of the austerity measures following the President's withdrawal of the contentious Finance Bill 2024, occasioned by the public protests.

"I William Samoei Ruto, President of the Republic of Kenya and Commander-in-Chief of the Defence Forces, in exercise of the powers conferred on me by the Constitution and the Statute Laws of the Republic of Kenya, do hereby order and direct that a Presidential Task Force on Forensic Audit of Public Debt is hereby established," he stated in the gazette notice.

The taskforce comprised 8 members, among them Faith Odhiambo, Law Society of Kenya (LSK) President. However, Odhiambo declined to take up an appointment, citing the unconstitutionality of the taskforce.

Florence Muturi, LSK CEO and Secretary said the society believes the taskforce is unconstitutional adding that its members would not take up any role in it.

"Taking cognisance of the provisions of Article 229 of the constitution and the interpretation of the said provisions by the court, it is our considered view that the establishment of the taskforce is unconstitutional. The Council of the Law Society of Kenya has thus resolved that neither our president nor any of our members shall take up appointments or participate in the said taskforce."

Opposition outfit, Azimio La Umoja has also termed Ruto’s move as unconstitutional.