The Law Society of Kenya (LSK) has taken a firm stance against President William Ruto’s recent appointment of Faith Odhiambo to the Public Debt Audit Task Force, declaring the office unconstitutional. The announcement came through a detailed statement from the LSK, which highlighted its legal rationale and the decision not to participate in the task force.
In its statement, the LSK referenced Article 229 of the Kenyan Constitution, which pertains to the Office of the Auditor-General and its responsibilities. According to the LSK, the formation of a separate task force to audit public debt undermines the constitutional mandate of the Auditor-General, as outlined in this article. The LSK argued that any task force established to audit public debt would be duplicative and unconstitutional.
“Taking cognizance of the provisions of Article 229 of the constitution and the interpretation of the said provisions by the court, it is our considered view that the establishment of the task force is unconstitutional,” the LSK noted. The society emphasized that the constitution already grants the Auditor-General the authority and responsibility to audit public debt, making any additional body unnecessary and legally questionable.
The LSK further resolved that neither its president nor any of its members would accept appointments or participate in the task force. This decision underscores the society’s commitment to upholding constitutional integrity and ensuring that legal frameworks are respected in governmental processes.
The rejection of Faith Odhiambo’s appointment and the broader task force reflects broader concerns about the separation of powers and the roles of constitutional offices in Kenya. By declining to participate, the LSK aims to maintain the primacy of constitutional offices like that of the Auditor-General and prevent the erosion of their mandated responsibilities.
This development marks a significant moment in Kenya’s ongoing efforts to manage public debt transparently and accountably. It also signals the LSK’s vigilance in protecting constitutional provisions and advocating for the rule of law in governmental affairs.
As the debate over the Public Debt Audit Task Force continues, the focus will likely remain on the balance between effective oversight and adherence to constitutional mandates. The LSK’s position sets a precedent for other legal and civil society organizations to evaluate the constitutionality of governmental actions critically.
For now, the LSK’s stance is clear: constitutional mandates must be respected, and any efforts to circumvent them will be met with legal scrutiny and opposition.
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