Law Society of Kenya Challenges Presidential Taskforce on Public Debt Audit

In Summary

• LSK released a press statement to the media
• It challenged the president’s move to appoint a Presidential taskforce to audit publc debt.
• It termed the move as unconstitutional since there is a constitutionally established office concerned in audit. Office of the auditor General
• It therefore withdrew its involvement in the said taskforce
• The president had announced that he has formed a task force for auditing the public Debt

PHOTO|  Curtesy 1

In a bold stance against what it deems an unconstitutional overreach, the Law Society of Kenya (LSK) has unequivocally opposed the formation of the Presidential Taskforce on Forensic Audit of Public Debt. The move comes following the issuance of Gazette Notice No. 8261 of 2024, which mandates the taskforce to audit Kenya’s public debt within a tight 90-day timeframe.

Constitutional Mandates

Underpinning their objection is the LSK’s duty, as stipulated in Section 4 of the LSK Act, to safeguard the interests of the public and uphold constitutional principles. Specifically, Article 229 of the Constitution of Kenya 2010 designates the Auditor-General as the sole authority responsible for auditing public debt. This mandate is clear: the Auditor-General must audit the public debt within six months after each financial year, ensuring transparency and accountability in public financial management.

The LSK’s position draws strength from a recent High Court decision (Ondago v Natembeya & 15 others [2023] KEHC 22268), which emphasized the primacy of the Auditor-General in matters of public audit. The court nullified a similar taskforce created for auditing County Government debts, reinforcing that any such audit should be within the Auditor-General’s purview, as expressly provided in the Constitution.

Unconstitutional Overreach

In light of these constitutional provisions and judicial interpretations, the LSK asserts that the establishment of the Presidential Taskforce on Public Debt Audit is unconstitutional. By bypassing the Auditor-General’s office, the taskforce risks undermining the constitutional framework designed to ensure rigorous oversight of public finances. This, according to the LSK, not only disregards legal precedence but also threatens the integrity of financial governance in Kenya.

LSK’s Call to Action

Consequently, the Law Society of Kenya has resolved that neither its president nor any members shall participate in the taskforce. Instead, they urge the government to respect the constitutional mandate of the Auditor-General and refrain from undermining established legal procedures through executive orders. They advocate for the Office on Public Debt Management, already in place and funded by public resources, to collaborate with the Auditor-General in conducting any necessary audits.

Public Call for Transparency

In its advisory role, the LSK calls upon the President to uphold constitutional principles, preserve the rule of law, and ensure accountability in the management of public finances. Upholding the Auditor-General’s mandate, they argue, is crucial to preventing unnecessary expenditure of public funds and maintaining public trust in governance institutions.

Conclusion

The Law Society of Kenya’s stand against the Presidential Taskforce on Forensic Audit of Public Debt is not merely a legal technicality but a defense of democratic principles and the rule of law. It signals a commitment to accountability and transparency in the management of public resources, urging all stakeholders to uphold the Constitution and respect the role of constitutionally mandated offices.

For more information on the Law Society of Kenya’s position and updates on this matter, visit their official website or follow them on social media.

Contacts

Law Society of Kenya

Website: [www.lsk.or.ke](http://www.lsk.or.ke)

Email: lsk@lsk.or.ke

This article serves as a call to action for all citizens concerned with good governance and constitutional adherence in Kenya.

By Orenge Wycliff