High Court Extends Interim Orders Blocking Public Debt Taskforce Amid Service Delays

The High Court has extended interim orders blocking the activities of the Public Debt Taskforce appointed by President William Ruto, following issues with the service of court documents. Justice Lawrence Mugambi has scheduled further directions on the case for September 18, 2024, as it emerged that some of the key respondents, including the Auditor General and certain members of the presidential task force, had not been properly served with the petitions.

The case, which was filed by Eunice Nganga, Magare Gikenyi, and Eliud Matindi, challenges the legitimacy of the presidential executive order establishing the task force. The petitioners argue that the mandate of auditing public debt constitutionally falls under the Auditor General’s office, and that the formation of this task force could lead to unnecessary expenditure at a time when austerity measures are being emphasized.

Background and Court Orders

On July 9, 2024, Justice Mugambi deemed the matter urgent and issued a directive barring the task force from performing any functions until the case is fully heard and determined. This interim measure aims to prevent any potential misuse of resources or actions taken by the task force before the legal questions surrounding its establishment are resolved.

In addition to the interim orders, Justice Mugambi directed that the application be served to the Attorney General and other relevant respondents within three days, with responses expected within seven days. This procedural step is crucial to ensure that all parties involved have an opportunity to present their positions before the court.

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Taskforce Composition and Mandate

The Public Debt Taskforce, which includes representatives from the Institute of Certified Public Accountants of Kenya (ICPAK), the Law Society of Kenya (LSK), and the Institute of Engineers of Kenya (IEK), is tasked with conducting a comprehensive forensic audit of Kenya’s public debt. The task force is expected to deliver its findings within three months, aiming to provide transparency and accountability regarding the management of public debt.

Reactions from Stakeholders

The establishment of the task force has been met with mixed reactions. The Law Society of Kenya (LSK) and its President Faith Odhiambo have declined to participate in the task force appointments, citing concerns over the constitutionality of the executive order that created it. LSK CEO and Secretary Florence Muturi expressed that the society believes the task force’s formation infringes on constitutional provisions, further complicating the legal landscape surrounding the issue.

Ongoing Developments

The court’s decision to extend the interim orders underscores the seriousness of the case and the need for thorough judicial scrutiny before allowing the task force to proceed with its mandate. The case has highlighted tensions between the executive branch’s approach to managing public debt and constitutional provisions regarding state functions and resource management.

As the case progresses, the legal community and stakeholders will be closely monitoring developments, including how the court addresses the constitutionality of the task force and the implications for public debt management in Kenya. The final outcome will likely influence not only the immediate handling of public debt but also broader discussions on governance and constitutional adherence in Kenya.

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