High Court Suspends President Ruto's Taskforce on Public Debt Audit

The High Court has temporarily suspended President William Ruto's directive to establish a Presidential Taskforce on the Forensic Audit of Public Debt. This comes after a petition was filed challenging the constitutionality of the taskforce.

In a significant ruling on Monday, the court issued a conservatory order, effectively halting the implementation of Executive Order No. 4 and Gazette Notice No. 8261, which had been published on July 5, 2024. The order will remain in place pending the outcome of the case.

The petition, filed by Nakuru-based doctor Dr. Magare Gikenyi, argues that the taskforce oversteps constitutional boundaries, asserting that the auditing of public debt is a function reserved for the Auditor General’s office. Dr. Gikenyi's legal challenge has sparked a heated debate on the separation of powers and the role of the executive in financial oversight.

“The creation of such a taskforce infringes upon the constitutional mandate of the Auditor General,” Dr. Gikenyi stated in his filing. The High Court's ruling supports this view, at least temporarily, as it requires respondents, including the Attorney General’s office, to file their responses within seven days.

Further directions on the matter are expected to be issued on July 23, 2024. Until then, President Ruto’s directive to establish the 20-member taskforce remains in legal limbo.

In a related development, the Law Society of Kenya (LSK) has also rejected the appointment of their President, Faith Odhiambo, to the taskforce. The LSK issued a statement on Saturday, citing the move as unconstitutional and affirming their stance against the taskforce.

This suspension underscores the ongoing tension between the executive and other constitutional bodies over the management and oversight of public funds. The court's intervention highlights the importance of adherence to constitutional provisions in the exercise of executive powers.