The Law Society of Kenya (LSK) has disapproved of the establishment of a presidential task force on forensic audit of Kenya’s public debt. The society says the move by President William Ruto goes against the law.
“Taking cognizance 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 mandate to audit public debt rests with the office of the Auditor-General,” said LSK Chief Executive Florence Muturi
As a consequence, Muturi says the Council of the Law Society of Kenya has resolved that neither their president Faith Odhiambo nor any of its members shall take up appointments or participate in the said taskforce.
According to the LSK Secretary the office of the Auditor General is the one constitutionally mandated to carry out such an audit.
“The 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,” she said
The Law Society now wants the Office on Public Debt Management, headed by a Director-General at the Treasury to provide details of public debt to the Auditor-General for forensic audit.
“It is essential not to squander scarce public resources by appointing a Presidential Taskforce to perform duties of existing public offices,” Muturi insists
She gave the example of the recent High Court decision underscoring the Auditor-General’s role in public audit matters in the Ondago v Governor Natembeya case. In the case, the High Court, while nullifying a Taskforce created to audit County Government debts, asserted that the Governor could request the Auditor-General to conduct a forensic audit.
