The High Court has temporarily suspended the taskforce that was appointed by President William Ruto last week to audit the public debt.
Justice Lawrence Mugambi blocked the task force from embarking on the job following a petition by Nakuru-based surgeon Dr Magare Gikenyi and Eliud Matindi.
In a gazette notice, President Ruto appointed the taskforce to carry out a comprehensive forensic audit of the country’s public debt and present its report in three months.
President Ruto said the audit would shed light on the country’s debt, how public resources have been spent as well as proposals for managing Kenya’s resources in a sustainable manner that does not burden future generations.
Dr Gikenyi and Mr Matindi however, argued that the taskforce would usurp the mandate of the Auditor General and was therefore unconstitutional.
“Pending the hearing and determination of this application, 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 Executive Order No. 4 and Gazette Notice No. 8261 Vol CXXVI – No. 97 5th July 2024 establishing the presidential taskforce on forensic Audit of the public debt,” the judge said.
The court directed the matter to be mentioned on July 23 for further direction.
“If this honourable court does not stop the illegal actions and omissions done by the President and or the respondents then constitutional violations will continue against principals of good governance and public money will be lost with no probability of recovering the same,” Dr Gikenyi said.
The petitioners also pointed out that Article 229(4) specifically requires the Auditor General to audit the public debt within six months after the end of each financial year.
They further said Article 226 provides that the accounts of all governments and state organs must be audited by the Auditor-General.
“Further 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,” Dr Gikenyi said.
The taskforce was to be chaired by Nancy Onyango and deputised by Prof Luis Franceschi.
Other who were appointed to the taskforce are Law Society of Kenya president Faith Odhiambo, who has since turned down the job, the president of the Institute of Certified Public Accountants (ICPAK), Philip Kaikai, the president Institute of Engineers of Kenya (IEK), Shammah Kiteme, and Vincent Kimosop.
The Taskforce would be mandated with assessing whether the country obtained value for money with regard to terms of the loan, cost of the projects financed, the return of investment and equity.
By Nation.Africa
