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The Law Society of Kenya (LSK) has declined the appointment of its President, Faith Odhiambo, to the public debt audit task force, citing constitutional concerns. In a statement issued on Saturday, the LSK deemed the task force unconstitutional and thus illegal, arguing that it encroached on the mandate of the Auditor-General, who is constitutionally tasked with auditing the country’s public debts.
“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,” the LSK stated. “The mandate to audit public debt rests with the office of the Auditor-General.”
The LSK resolved that neither its president nor any of its members would accept appointments or participate in the task force. The Society emphasized the importance of respecting constitutional roles and avoiding duplication of duties that could lead to unnecessary expenditure of public resources.
LSK further urged the Head of State to allow the Auditor-General to perform her constitutional duties without interference. The Society highlighted the potential waste of scarce public resources by forming a Presidential Taskforce to undertake responsibilities already assigned to existing public offices.
This stance by the LSK underscores the need for adherence to constitutional provisions and the prudent use of public funds. The Society’s refusal to participate in the task force sends a strong message about the importance of upholding the rule of law and the proper allocation of institutional responsibilities.
