High Court extends suspension of Ruto’s public debt task force

High Court Justice Lawrence Mugambi has extended orders suspending the establishment of the presidential task force on forensic audits of public debt.

This decision follows a petition filed by Dr. Magare Gikenyi and Eliud Matindi, who contested the constitutionality of the task force's formation.

Justice Mugambi also granted permission for the petitioners to serve several respondents, including Auditor General Nancy Onyango and members appointed to the task force, through a national newspaper advertisement.

The directive addresses concerns that some individuals named in the petition were not properly served.

Other respondents set to be served include persons appointed to the presidential task force for forensic audit of public debt, comprising Prof. Luis Franceschi, Engineer Shammah Kiteme, Vincent Kimosop, the Institute of Engineers of Kenya, Dr Abraham Rugo, and Dr Aaron Thegeya. Additionally, entities such as the Controller of Budget, Katiba Institute, Kituo Cha Sheria, and Operation Linda Jamii will receive notices through the same means.

The extension of the suspension orders is effective until September 18, pending further directions from the court.

Justice Lawrence Mugambi's orders echo the court's initial ruling earlier this month, which favoured the petitioners' argument that auditing public debt falls strictly under the mandate of the independent Auditor General, not a task force appointed by the executive.

President William Ruto established the task force via Executive Order No. 4 as part of broader austerity measures after the withdrawal of the Finance Bill 2024. The task force was tasked with completing the audit within 90 days and reporting directly to the president.

According to the petitioners, the President's action undermines the constitutional role of the Auditor General, which could erode public trust and potentially abuse political power.

Auditor General Nancy Gathungu addresses journalists during the official opening of the African Organization of Supreme Audit Institutions (AFROSAI-E) Governing Board meeting in Kampala in May 2024. (Photo: Office of the Auditor General)

They emphasised the independence of the Auditor General's office, condemning the duplication of roles as wasteful and contrary to the constitution.

"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 the roles of existing public offices, contrary to the constitution," the petitioners asserted.

Meanwhile, Ruto suffered a blow in his efforts to constitute the task force after some of his nominees turned down the offer.

Roots Party 2022 presidential running mate Justina Wamae and Law Society of Kenya President Faith Odhiambo declined their nominations, citing unavailability and conflict of interest, respectively.

"After careful consideration, I have decided to decline your offer given that I'm currently on maternity leave and this development would affect my ability to work effectively at this time," Wamae wrote on her X page.

LSK argued that under its statutory mandate, it 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 rather than create a task force to audit the debt.

"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 task force," LSK added in its response.

Law Society of Kenya President Faith Odhiambo addresses the media at the Kenyatta National Hospital in Nairobi on June 28, 2024. (Photo: LSK)