In a statement by LSK Secretary Florence Muturi, the LSK noted that the task force is unconstitutional since the mandate to conduct public audits rests with the office of the Auditor General.
LSK pointed out the Auditor General is required by law to audit the public debt within six months after the end of each financial year.
He is also mandated to audit the accounts of the national and county governments, all courts, every commission and independent office established by the Constitution, the National Assembly, the Senate and the county assemblies and the accounts of political parties funded by public funds.
Further, the Office on Public Debt Management, headed by a Director-General at the Treasury and funded by public money, is required to provide details of public debt to the Auditor General for forensic audit.
The legal body explained that the president should not usurp the Constitution by appointing people to perform duties that already lie within existing public offices.
“The Council of the Law Society of Kenya has thus resolved that neither our president nor any of our members shall take up appointments or participate in the said taskforce,” LSK said.
“The 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.”
Law Society of Kenya position on the Presidential Taskforce on Forensic Audit of Public Debt. pic.twitter.com/U9c6rzgnkC
— Law Society of Kenya (@LawSocietyofKe) July 6, 2024
Ruto had appointed a four-member team to audit the country’s public debt and release a report within 90 days.
The team is to be chaired by Nancy Onyango and deputised by Professor Luis Franceschi.
Other members include Shammah Kiteme, Vincent Kimosop and Philip Kaikai.
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