NAIROBI, Kenya – The Law Society of Kenya (LSK) has rejected President William Ruto’s appointment of its President, Faith Odhiambo, to the public debt audit task force, deeming it unconstitutional.
The LSK has declared that neither its president nor any of its members will participate in the task force, arguing that it undermines the constitutional role of the Auditor-General.
On Saturday, LSK CEO and Secretary Florence Muturi issued a statement emphasizing the society’s stance.
“Taking cognizance of the provisions of Article 229 of the constitution and the interpretation of the said provisions by the court, it is our considered view that the establishment of the task force is unconstitutional,” Muturi stated.
“The mandate to audit public debt rests with the office of the Auditor-General.”
The LSK’s decision is supported by a recent High Court ruling in a case involving Trans Nzoia Governor George Natembeya.
The court emphasized that the Governor should have requested the Auditor-General to conduct a forensic audit instead of forming a task force to probe the county’s debt.
The ruling underscored the constitutional role of the Auditor-General in public audits.
“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,” the LSK stated.
“It is essential not to use scarce public resources by appointing a task force to perform duties of existing public offices.”
The task force, which will be chaired by Nancy Onyango and deputized by Prof. Luis G. Franceschi, is tasked with assessing whether the country obtained value for money regarding the terms of loans, the cost of projects financed, the return on investment, and equity, including inter-generational equity.
Other members of the team include Philip Kaikai, Shammah Kiteme, and Vincent Kimosop.
Despite the LSK’s firm stance, the government has yet to respond to these concerns.
