The Law Society of Kenya (LSK) on Saturday, July 6, turned down the appointment of its President Faith Odhiambo to the public debt audit task force.
LSK termed the task force unconstitutional and therefore illegal on grounds that it invalidated the role of the Auditor General whose mandate was to audit the country’s public debts.
According to the Society, it had thus resolved that neither its president nor any of its members would take up appointments or participate in the said task force.
LSK CEO and Secretary Florence Muturi said the society believes the taskforce is unconstitutional adding that its members would not take up any role in it.
LSK argued that the mandate to audit public debt rests with the office of the Auditor-General.
“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,” LSK said in a statement.
“The mandate to audit public debt rests with the office of the Auditor-General.”
LSK further called on the Head of State to refrain from seizing the role of the Auditor-General to undertake her constitutional mandate.
The LSK further noted their decision is also drawn from the recent High Court decision, in a case, that underscored the Auditor-General’s role in the public audit.
In the case, in which Trans Nzoia Governor George Natembeya was sued for forming a task force to probe the county’s debt, the High Court ruled that the Governor could have requested the Auditor General to conduct a forensic audit.
LSK went on to discourage the usurping of the Constitutional powers of the Auditor-General through Executive Orders and appealed to the government to allow the Auditor-General to perform her constitutional duties.
“The Office on Public Debt Management, headed by a Director-General at the Treasury and funded by public money, should provide details of public debt to the Auditor General for forensic audit,” LSK said.
“It is essential not to use scarce public resources by appointing a Taskforce to perform duties of existing public offices.”
The task force will be chaired by Nancy Onyango (chair), deputised by Prof Luis G. Franceschi.
Other members of the team are Philip Kaikai, Shammah Kiteme and Vincent Kimosop.
The task force will be required to:
“Assess whether the country obtained value for money with regard to: (i)
Terms of the loan; (ii) Cost of the projects financed; (iii) The return on investment; (iv) Equity; including inter-generational equity.”
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