High Court declares Ruto's Public Debt Audit taskforce unconstitutional

In a judgment delivered by Justice Lawrence Mugambi on Thursday, the court found that Executive Order No. 4 of 2024, published through Gazette Notice No. 8261 on July 5, 2024, exceeded the President's constitutional authority by creating a task force whose functions overlapped with those of an independent constitutional office.

The petitioners had challenged the Executive Order, arguing that it violated several provisions of the Constitution by establishing a parallel body to perform functions already assigned to an independent constitutional office. 

They also contended that the task force was created without public participation and that the appointment of its members failed to meet constitutional standards on merit, inclusivity and transparency.

The State defended the Executive Order, maintaining that the President was acting within his constitutional mandate to establish an advisory body to assist the Executive in policy formulation, coordination and the discharge of executive functions.

However, the High Court held that although the President has broad executive authority under the Constitution, those powers must be exercised within constitutional limits. The court emphasized that all executive actions are subject to judicial review and must comply with the Constitution.

The judge cited Articles 2, 129, 131, 132, 165 and 259 of the Constitution, noting that the principle of legality requires every public authority, including the President, to act strictly within powers granted by the Constitution.

The court further observed that it has a constitutional duty to intervene where executive actions violate the Constitution, while at the same time respecting the doctrine of separation of powers.

Consequently, the court declared Executive Order No. 4 of 2024 unconstitutional and invalid, finding that the Presidential Task Force on the Forensic Audit of Public Debt unlawfully duplicated and usurped the functions of an independent constitutional office.