Law Society of Kenya Rejects Appointment to Public Debt Taskforce, Citing Unconstitutionality

In a dramatic turn of events, the Law Society of Kenya (LSK) has outrightly rejected President William Ruto’s appointment to the newly-formed Public Debt Taskforce, labeling it unconstitutional. This bold move comes as a significant assertion of the constitutional mandate in Kenya, stirring up a robust debate on the separation of powers.

Faith Odhiambo, President of the LSK, and Florence Muturi, CEO and Secretary, announced the society's stance, emphasizing that the mandate to audit public debt rests solely with the Auditor-General. Their statement pointedly referenced Article 229 of the Kenyan Constitution and recent judicial interpretations that support their position.

“The establishment of the taskforce undermines the constitutional role of the Auditor-General,” said Muturi in the statement dated July 5. “Therefore, neither our president nor any of our members will participate in this taskforce.”

This declaration follows a recent High Court ruling that reinforced the Auditor-General's exclusive mandate. The case in question involved Trans Nzoia Governor George Natembeya, who was sued for forming a taskforce to investigate county debt. The court ruled that the Governor should have requested the Auditor-General to conduct a forensic audit instead.

The LSK’s decision is seen as a firm stand against what it views as an overreach of executive power. “We discourage the usurping of the constitutional powers of the Auditor-General through Executive Orders,” the LSK’s statement continued, calling on the government to allow the Auditor-General to perform her duties as outlined in the constitution.

This development has not only sparked significant political discourse but also underscored the critical role of constitutional fidelity in Kenya’s governance. The LSK’s rejection of the taskforce is a powerful reminder of the importance of upholding constitutional mandates and the rule of law, setting the stage for further legal and political scrutiny.