The High Court has struck down President William Ruto’s decision to establish the Presidential Task Force on the Forensic Audit of Public Debt, finding that the body was created in violation of the Constitution.
In a judgment delivered on Thursday, July 23, Justice Lawrence Mugambi ruled that Executive Order No. 4 of 2024, published through Gazette Notice No. 8261 on July 5, 2024, unlawfully assigned the task force responsibilities that fall within the constitutional mandate of an independent office.
The case was brought by petitioners who argued that the President had exceeded his constitutional powers by creating a parallel body to undertake functions already vested in an independent constitutional institution.
During the court proceedings, the State maintained that the President acted within his constitutional powers by constituting an advisory body to support the Executive in policy development, coordination and the performance of its functions.
High Court Rules Ruto Exceeded Powers in Creating Public Debt Audit Task Force
Justice Lawrence Mugambi, however, ruled that while the Constitution grants the President wide-ranging executive powers, those powers are not absolute and must be exercised in accordance with the law.
The petitioners further argued that the task force was established without public participation and that the process used to appoint its members fell short of constitutional requirements on merit, transparency and inclusivity.
The court added that it is obligated to invalidate executive actions that contravene the Constitution, while remaining mindful of the constitutional principle of separation of powers.
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On July 5, 2024, President William Ruto appointed an independent task force to conduct a comprehensive forensic audit of Kenya’s public debt, saying the exercise was intended to enhance transparency and accountability in public finance.
Speaking at State House, Ruto said public debt had become a major issue of national concern, necessitating an independent review of the country’s borrowing and expenditure.
“I have today appointed an independent task force to carry out a comprehensive forensic audit over public debt and report to us in the next three months,” he said.
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He said the task force had been given three months to establish the extent and nature of the public debt, examine how borrowed funds had been utilized and recommend measures for sustainable debt management.
Ruto maintained that the government had weighed the available options and found that implementing the full budget cuts would undermine the provision of essential public services, while borrowing the entire amount would place additional pressure on the country’s finances.
According to the President, such a move would have had far-reaching implications for the economy, including the stability of the exchange rate and interest rates.
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