The Law Society of Kenya (LSK) President Faith Odhiambo has rejected her appointment to the presidential Task Force saying that it is unconstitutional.
In a statement, the society has indicated that the creation of the Presidential Task Force infringes on the roles of the Auditor General.
Therefore, LSK has resolved that neither the president of the LSK nor any of its members will participate in the taskforce.
“The said taskforce is required to audit the public debt within 90 days and report back to the President.
“The LSK is mandated to protect and assist the public and advise the government in all matters touching, ancillary, or incidental to the law as well as to uphold the Constitution of Kenya and advance the rule of law and the administration of justice,” noted the statement.
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LSK Outline Role of Auditor General
According to the statement, the Auditor-General is mandated to audit public debt.
At the same time, the Auditor is required to complete the audit of public debt within six months after the end of each financial year.
LSK also noted that the Constitution specifies that the Auditor-General must audit the accounts of all government levels and state organs, including public debt.
“(Within six months after the end of each financial year, the Auditor-General shall audit and report, in respect of that financial year, on. The accounts of the national and county governments, the accounts of all funds and authorities of the national and county governments, the accounts of all courts, the accounts of every commission and independent office established by this Constitution.”
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Legal Advise to President
Moreover, the statement indicated that a recent High Court ruling in Ondago v Natembeya & 15 others (2023) reinforced the role of the Auditor-General in public audit matters.
The court nullified a similar taskforce created to audit County Government debts and confirmed that the Governor could request the Auditor-General to conduct such audits.
Therefore, LSK has advised the President to respect the constitutional powers of the Auditor-General and allow her to perform her duties without interference.
Also, it has suggested that the Office on Public Debt Management, which is funded by public money, provide the necessary details of public debt to the Auditor-General for a thorough audit.
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