LSK says Debt Audit Taskforce unconstitutional, declines participation » Capital News
NAIROBI, Kenya, Jul 6 — The Law Society of Kenya (LSK) termed the appointment of the Presidential Taskforce on Forensic Audit of Public Debt unconstitutional citing intrusion into the role of the Auditor-General.
In a statement on Saturday, LSK CEO Florence Muturi asserted Article 229 of the Constitution of Kenya establishes the office of the Auditor-General, whose mandate includes auditing public debt.
“LSK, under its statutory mandate, advises the President to refrain from usurping the Constitutional powers of the Auditor-General through Executive Orders and allow the Auditor-General to perform her constitutional duties,” Muturi said.
Muturi added that Article 229(4) specifically requires the Auditor-General to audit the public debt within six months after the end of each financial year.
She said the constitution required the Auditor-General to audit accounts of all governments and state organs.
“We also take note of the recent High Court decision underscoring the Auditor-General’s role in public audit matters in Ondago v Natembeya & 15 others [2023] KEHC 22268 (19 September 2023) (Judgment) where the High Court while nullifying a Taskforce created to audit County Government debts, asserted that the Governor could request the Auditor- General to conduct a forensic audit,” read the statement.
Muturi noted LSK has a mandate 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 in advancing the rule of law and administration of justice.
Indipendent Debt Audit
The statement was a reaction to President William Ruto’s Friday announcement appointing an independent debt task force to conduct a forensic audit of Kenya’s public debt.
The Head of State listed LSK President Faith Odhiambo among members of the task team.
Ruto named Nancy Onyango as the Chairperson and Luis Franceschi as the Vice Chairperson.
Others appointed include Philip Kaikai from the Institute of Certified Public Accountants of Kenya (ICPAK), Institute of Engineers of Kenya (IEK) President Shammah Kiteme, and Vincent Kimosop.
He also appointed Abraham Rugo and Aaron Thegeya as joint secretaries.
Ruto mandated the task force to serve for three months effective July 5, 2024.
He said a continuous outcry by Kenyans over the country’s debt burden that has impacted their daily lives informed his move to constitute the team.
“This audit will provide the people of Kenya with clarity on the extent and nature of the debt, how public resources were expended and will recommend proposals for managing our public debt in a manner that is sustainable and with intergenerational equity,” he said.
About The Author
