LSK has termed the taskforce that was created by President William Ruto, to audit public debt and provide a report after three months, unconstitutional.
LSK noted that the task to audit public debt rests in the office of the auditor general according to Article 229 of the Constitution, citing the case Ondago Vs Natembeya and and 15 others that was before the High Court.
“We also take note of the recent High Court decision underscoring the Auditor’s General role in public audit matters in Ondago V Natembeya and 15 others (2023) KEHC 22268(19 September 2023) (Judgment) where the High Court while nullifying a Taskforce created to audit County Government debts, asserted that the Governor could request the auditor general to conduct the forensic audit,” LSK said in a statement.
LSK added that, “The Council of the Law Society of Kenya has thus resolved to that neither our president nor any of our member shall take up appointments or participate in the said Task Force. The LSK, under its statutory mandate, advises to refrain from usurping the Constitutional Powers of the Auditor General through the Executive order and allow the Auditor General to perform her constitutional duties.”
LSK further suggested that the Office on Public Debt Management should 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 officers,” LSK concluded.
During his address to the nation on Friday July 5, President Ruto announced that he had appointed an independent taskforce for the audit. LSK president Faith Odhiambo was among the 8-member taskforce.
Nancy Onyango was appointed char of the taskforce and Luis Franceschi as the vice chairperson. Other members are;Â Institute of Certified Public Accountants of Kenya(ICPAK) Philip Kaikai, Institute of Engineers of Kenya (IEK) President Shammah Kiteme and Vincent Kimosop.
Abraham Rugo and Aaron Thegeya were named joint secretaries.
