A High Court judge on 8th July 2024 issued a temporary injunction against the establishment of Kenya’s public debt audit taskforce, pending a decision on a case challenging the process. Justice Lawrence Mugambi directed that the application be served to the Attorney General and other respondents within three days, with responses expected within seven days.
The case, filed by Dr. Magare Gikenyi and Mr. Eliud Matindi, argues that auditing public debt is constitutionally the responsibility of the Auditor General. President William Ruto had set up the taskforce the previous Friday, with a report on the public debt due in three months.
The High Court ruling stated, “Pending the hearing and determination of this application, an interim order is hereby issued prohibiting the respondents, or anyone acting on their behalf, from discharging any functions pursuant to Executive Order No. 4 and Gazette Notice No. 8261 Vol. CXXVI – No. 97, dated 5th July 2024, which established the Presidential taskforce on the forensic audit of the public debt.”
The petitioners contend that delegating the Auditor General’s role to a separate taskforce is a misuse of financial resources, especially amid calls for austerity. They argue that the taskforce, which includes appointees who are not professional auditors, would duplicate existing functions and contravene the constitution. Notably, LSK chairperson Faith Odhiambo declined her appointment, citing its unconstitutional nature.
The taskforce, led by Nancy Onyango and deputized by Prof. Luis Franceschi, was expected to assess whether Kenya’s loans have been used as intended, evaluate project costs, and analyze returns on investments and equity. Other members included ICPAK President Philip Kaikai, IEK President Shammah Kiteme, and Mr. Vincent Kimosop.
However, Article 229(4) of the constitution specifies that only the Auditor General can audit public debt within six months after the end of each financial year, maintaining independence from executive influence.
