The High Court has temporarily suspended the establishment of the Presidential Taskforce Committee on Forensic Audit of Public Debt by President William Ruto.
High Court Judge J.N Mugambi while delivering the ruling on July 8 said implementation of the committee should not proceed pending the hearing and determination of the application.
“Pending the hearing and determination of this Application, a conservatory order be and is hereby issued suspending the Executive Order No. 4 and/or Gazette Notice No. 8261 Vol. CXXVI-No 97 dated 5th July 2024 published for the establishing the Presidential Task Force on Forensic Audit of Public Debt” read part of the Court documents.
“An interim order be and is hereby issued prohibiting the Respondents, either by themselves, anyone else acting at their behest, instructions directions or any other person whosoever, from discharging any function pursuant to duty pursuant to EXECUTIVE ORDER NO 4.”
The judge asked the respondents (The Attorney General and Presidential Taskforce Committee on Forensic Audit of Public Debt) to file their responses within 7 days from the date of service.
High Court Rules on Debt Taskforce
Further directions on the matter will be issued on July 23 3034.
The case was filed by Nakuru doctor Gikenyi Magare and activist Eliud Matindi. Gikenyi in the Court papers termed the establishment of the taskforce as an unconstitutional.
Also Read: Ruto Announces Suspension of CASs, Scraps 47 Parastatals
He further argued that the work of auditing public debt is a constitutionally mandated function of the Auditor-General and not any task force appointed by the executive or any other person.
“The Office on Public Debt Management, headed by a Director-General at the Treasury and funded by public money, should provide details of public debt to the Auditor-General for forensic audit by taking cognizance of article 201 of the constitution on the need to have prudent utilization of scarce public financial resources,” court documents read in part.
Ruto Appoints Taskforce Committee Members
The Taskforce appointed by Ruto in a gazette notice on July 5 was to serve for a period of three months effective immediately, or for such longer period as may be specified by Notice in the Gazette.
According to Ruto, the audit was tasked with providing Kenyans with clarity on the extent and nature of the debt, and how public resources were expended.
It was also expected to recommend proposals for managing our public debt in a manner that is sustainable and with intergenerational equity.
Also Read: LSK Rejects Faith Odhiambo Appointment to Debt Taskforce, Gives Reason
According to the Notice, the taskforce was to be chaired by Nancy Onyango who will be deputized by Prof. Luis Franceschi as the Vice-Chairperson.
Other members of the taskforce include the president of the Law Society of Kenya (LSK), Faith Odhiambo Institute of Certified Public Accountants of Kenya (ICPAK) Chairperson Philip Kaikai, Institute of Engineers of Kenya (IEK) President Shammah Kiteme, and Vincent Kimosop.
Faith Odhiambo would later on July 6 reject her appointment to the presidential Task Force saying that it is unconstitutional and infringes on the roles of the Auditor General.
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