Court nullifies Ruto's public debt audit task force

The High Court has declared unconstitutional President William Ruto's decision to establish the Presidential Task Force on the Forensic Audit of Public Debt, 

In a judgement delivered on Thursday, Justice Lawrence Mugambi found that the executive action unlawfully duplicated the constitutional mandate of an independent State office.

"A declaration is hereby issued that the structure of the task force on the forensic audit of public debts and the term set out in the executive order number four..is unconstitutional, null and void," the judge ruled.

The court declared it was inconsistent with the Constitution after finding that it created a task force whose functions overlapped with those of the Auditor-General.

The consolidated petitions had challenged both the executive order and the appointment of members to the task force, arguing that the President exceeded his constitutional authority by establishing a body to undertake functions already assigned to an independent constitutional office.

Established in July 2024 by President William Ruto, the task force was mandated to investigate Kenya's public debt, review how it was acquired and managed, identify irregularities, and recommend legal, policy and institutional reforms to enhance transparency and accountability.

The petitioners, Benjamin Gikenyi, Eliud Matindi, Philemon Abuga and Dishon Keroti, challenged the executive order.

They argued that it violated several provisions of the Constitution by usurping the Auditor-General's mandate and undermining the independence of constitutional commissions and offices.

In his judgement, Justice Mugambi stressed that the High Court has the constitutional obligation to scrutinise executive action.

 "This provision explicitly empowers this Court to determine any question as to whether anything said to be done under the authority of the Constitution or any law is inconsistent with or is in contravention of the Constitution," he said, referring to Article 165 of the Constitution.

The judge added that executive authority must always conform to the Constitution.

Justice Mugambi emphasised that executive orders are not beyond judicial oversight and must conform to constitutional requirements.

The court further underscored that courts must respect the doctrine of separation of powers but cannot ignore constitutional violations.

While the government argued that the task force was only meant to advise the President and did not replace any constitutional office, the court found that the executive order was unconstitutional because it encroached on functions reserved for an independent constitutional office.