The High Court has struck down President William Ruto's decision to establish the Presidential Task Force on the Forensic Audit of Public Debt, holding that the body was created in violation of the Constitution because it duplicated the mandate of an independent constitutional office.
In a judgment delivered on Thursday, Justice Lawrence Mugambi declared Executive Order No. 4 of 2024, published through Gazette Notice No. 8261 on July 5, 2024, unconstitutional and invalid.
The judge found that while the President has wide-ranging executive powers, those powers are not absolute and must be exercised within the limits set by the Constitution.
"The principle of legality requires every public authority, including the President, to act strictly within the powers conferred by the Constitution," Justice Mugambi ruled.
The case had been filed by petitioners who argued that the task force had been established to perform functions already assigned to an independent constitutional office, effectively creating a parallel institution outside the constitutional framework.
They also challenged the process leading to its establishment, contending that there was no public participation and that the appointment of members failed to satisfy constitutional requirements on merit, transparency and inclusivity.
The Attorney General, representing the State, defended the Executive Order, arguing that the President acted within his constitutional mandate by constituting an advisory body to support the Executive in policy formulation, coordination and the execution of government functions.
However, the court rejected that argument, holding that executive authority cannot be exercised in a manner that undermines or encroaches on the functions of constitutionally established independent offices.
Justice Mugambi cited Articles 2, 129, 131, 132, 165 and 259 of the Constitution, stressing that all executive actions remain subject to constitutional scrutiny and judicial review.
"This court has a constitutional obligation to intervene where executive action violates the Constitution, while remaining mindful of the doctrine of separation of powers," the judge stated.
The court ultimately concluded that Executive Order No. 4 of 2024 unlawfully established a task force whose mandate overlapped with and usurped the functions of an independent constitutional office, rendering the entire executive action unconstitutional.
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