High Court Declares Ruto's Public Debt Audit Taskforce Unconstitutional
News Updated: 23 July 2026 16:11 EAT
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The High Court has declared President William Ruto's Presidential Task Force on the Forensic Audit of Public Debt and Pending Bills unconstitutional, ruling that its mandate unlawfully duplicated the constitutional functions of the Office of the Auditor-General. Justice Lawrence Mugambi held that the Constitution exclusively assigns the responsibility of auditing public debt and pending bills to the Auditor-General, making the establishment of the task force unconstitutional.
The decision followed a petition filed by activist Magare Gikenyi and other petitioners, who challenged the legality of the task force created by President Ruto in July 2024. They argued that the committee usurped the powers of the Auditor-General and was established without adequate public participation, while its members were appointed through a process that failed to meet constitutional requirements on transparency, inclusivity and merit.
In its response, the government defended the President's decision, maintaining that the Head of State acted within his constitutional authority to establish an advisory body to support the Executive in policy formulation and governance. State lawyers argued that the committee was intended to provide recommendations on Kenya's public debt and pending bills rather than replace any constitutional institution.
However, Justice Mugambi ruled that although the President has broad executive powers under the Constitution, those powers are not absolute and must be exercised within constitutional limits. He stated that the Executive cannot establish a body whose mandate duplicates or interferes with the constitutional responsibilities of an independent office.
The court found that the central function assigned to the task force—a forensic audit of Kenya's public debt and pending bills—falls squarely within the constitutional mandate of the Auditor-General. As a result, the judge declared the task force unconstitutional.
President Ruto had formed the eight-member committee amid growing public concern over Kenya's rising public debt. The task force was expected to examine the country's debt portfolio, verify pending bills and recommend measures to improve accountability, transparency and fiscal management.
The committee included several professionals drawn from different sectors, among them former Law Society of Kenya President Faith Odhiambo, who later declined the appointment. Other members were appointed to support the government's efforts to review the country's debt obligations and pending bills.
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FELIX MAKONA
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