The Law Society of Kenya (LSK) has decisively rejected President William Ruto’s appointment of LSK President Faith Odhiambo to a newly formed task force intended to audit the country’s public debt.
The LSK has declared the task force unconstitutional, asserting that such responsibilities lie solely with the office of the Auditor General.
In a statement issued by LSK Secretary Florence Muturi, the LSK highlighted that the President’s creation of the task force undermines the constitutionally mandated role of the Auditor General, who is required to audit public debt within six months following the end of each financial year.
“The establishment of the task force is in clear violation of Article 229 of the Constitution and contradicts judicial interpretations of the same,” Muturi stated.
The LSK emphasized that the Auditor General‘s office is tasked with auditing the accounts of national and county governments, all courts, commissions, independent offices, the National Assembly, the Senate, county assemblies, and political parties that receive public funding.
Additionally, the Office of Public Debt Management, headed by a Director-General within the Treasury and funded by public money, is required to provide comprehensive public debt details to the Auditor General for forensic audits.
“The president should not infringe upon the Constitution by appointing individuals to perform duties that are explicitly assigned to established public offices.”
In its statement, the LSK resolved that neither President Odhiambo nor any of its members would participate in the appointed task force.
“The Council of the Law Society of Kenya has resolved that neither our president nor any of our members shall accept appointments or engage in the task force,” the statement read.
“We advise the President to refrain from undermining the Constitutional powers of the Auditor-General through Executive Orders and to allow the Auditor-General to fulfill her constitutional duties.”
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