BY SAM ALFAN.
President William Ruto suffered a blow on Monday after the High Court temporarily suspended a taskforce he appointed to audit public debt.
Justice Lawrence Mugambi granted temporary orders blocking the implementation of the gazette notice appointing the 11-member team, pending the determination of a petition filed by Dr Magare Gikenyi and Eliud Matindi.
“An interim order be and is hereby issued prohibiting the Respondents, either by themselves, anyone else acting at their behest, instructions directions or any other person whosoever, from discharging any function pursuant to duty pursuant to Executive order NO. 4 or Gazette Notice NO. 8261 Vol. CXXVI-No. 97 5th July 2024 establishing the Presidential Task Force on Forensic Audit of Public Debt,” ordered court.
The two petitioners challenged the taskforce arguing that it was usurping the mandate of the Auditor General.
“If this court does not stop the illegal actions and/omission done by the president or respondents then constitutional violations will continue against principals of good governance and public money will be lost with no probability of recovering the same,”says the petitioner.
They argued that granting the prayers will preserve the integrity of the Constitution which they believe has been violated and is threatened with violation.
“It is in the interest of justice and the Constitution for the conservatory orders requested herein are granted to protect the Constitution from gross violation. This includes upholding the national values and principles of governance including the rule of law, good governance, accountability and transparency and protection of wastage of public funds,” says the petitioners.
The two petitioners stated that public interest tilts in granting the order, pending the determination of the case.
“If this honourable court does not stop the illegal actions and omissions done by the President and or the respondents then constitutional violations will continue against principals of good governance and public money will be lost with no probability of recovering the same,” Dr Gikenyi said.
Dr Gikenyi and Mr Matindi pointed out that Article 229(4) specifically requires the Auditor-General to audit the public debt within six months after the end of each financial year.
They further said Article 226 provides that the accounts of all governments and state organs must be audited by the Auditor-General.
“The Petitioners have the right of access to this Honourable Court to safeguard their rights and those of other Kenyans, in the public interest, which are in serious danger of infringement,” the petition states.
