LSK further pointed out the Auditor General is required by law to audit the public debt within six months after the end of each financial year.Â
Law Society of Kenya (LSK) president Faith Odhiambo on Saturday, June 6 turned down an appointment by President William Ruto to be a member of the Presidential taskforce which will carry out a forensic audit of the country’s public debt.
In a statement to newsrooms, LSK Secretary and Chief Executive Officer (CEO) Florence Muturi termed the task force unconstitutional since the mandate to conduct public audits rests with the office of the Auditor General.
“It is our considered view that the establishment of the task force is unconstitutional. The mandate to audit public debt rests with the office of the Auditor-General,” the statement read in part.
LSK further pointed out the Auditor General is required by law to audit the public debt within six months after the end of each financial year.Â
LSK President Faith Odhiambo during a past meeting. /FILE
The holder of the office is also mandated to audit the accounts of the national and county governments, all courts, every commission and independent office established by the Constitution, the National Assembly, the Senate and the county assemblies and the accounts of political parties funded by public funds.Â
Further, the Office on Public Debt Management, headed by a Director-General at the Treasury and funded by public money, is required to provide details of public debt to the Auditor General for forensic audit.Â
“The Council of the Law Society of Kenya has thus resolved that neither our president nor any of our members shall take up appointments or participate in the said taskforce.
“The LSK, under its statutory mandate, advises the President to refrain from usurping the Constitutional powers of the Auditor-General through Executive Orders and allow the Auditor-General to perform her constitutional duties,” the society appealed.
LSK also termed it essential for the government not to squander scarce public resources by appointing a Presidential Taskforce to perform the duties of existing public offices.
While it remains to be seen if the President will respond to this rejection, it comes merely a day after Ruto announced the appointment of the Presidential Taskforce on Forensic Audit of Public Debt, composed of an eight-member committee which will be tasked with reviewing the current stock of public and publicly guaranteed debt.
It will also be charged with reconciling loan proceeds with their intended purpose, and reconciling loan repayments with the associated terms of the facility, based on the context and terms of the loans.
Among those named in the committee included Nancy Onyango who was appointed as the chairperson, Luis Franceschi as the vice chairperson and Odhiambo as one of the members.
Prominent names in the lineup include CPA Philip Kakai of the Institute of Certified Public Accountants of Kenya, Shammah Kiteme of the Institution of Engineers of Kenya, and Vincent Kimosop. Abraham Rugo and Aaron Thegeya will serve as the joint secretaries of the task force.
“This audit will provide the people of Kenya with clarity on the extent and nature of the debt, how public resources were expended and will recommend proposals for managing our public debt in a manner that is sustainable and with intergenerational equity,” President Ruto affirmed during a press conference earlier on Friday.
The task force will operate for a period of three months from July 5, with provisions for extensions as required, and the secretariat of the task force will be based at the National Treasury.
