The High Court on Tuesday extended orders suspending the establishment of the presidential taskforce on forensic audit of the national debt.
While delivering his ruling, Justice Lawrence Mugambi, allowed a request by the petitioners — Dr Magare Gikenyi and Eliud Matindi — to serve respondents through a newspaper with nationwide circulation.
This is after the court heard that some of the respondents had not been served.
Parties to be served include; the Auditor General and persons appointed to the taskforce gazzetted by President William Ruto.
On July 9, 2024, the High Court blocked the taskforce from embarking on the job following a petition challenging its legality.
In the petition, parties challenging the establishment argued that the president had no such powers, and by establishing the taskforce, he had operated outside the Constitution.
They further argued that the responsibilities and functions of the taskforce outlined in the gazette notice clawed on the roles of the Auditor General.
"Pending the hearing and determination of this application, an interim order be and is hereby issued prohibiting the respondents, either by themselves, anyone else acting at their behest, instruction, direction or any other person whatsoever from discharging any function under Executive Order No. 4 and gazette notice number 8261 establishing the presidential task force on forensic audit for the public debt," the judge ruled.
President William Ruto had on July 5, appointed various individuals including Law Society of Kenya (LSK) President Faith Odhiambo to carry out a comprehensive forensic audit of the country's debt. The taskforce was to be chaired by Nancy Onyango who was set to be deputised by Luis Franceschi.
Odhiambo would however reject the appointment with the society arguing that the taskforce was unconstitutional.
The group was tasked with embarking on the task at hand and present its report within 3 months.
Following the court's latest decision, the matter is set to be mentioned on September 18, 2024.
