President William Ruto has suffered a legal setback after the High Court declared unconstitutional the presidential taskforce established to audit Kenya's public debt and pending bills.
In a judgment delivered on Thursday, Justice Lawrence Mugambi ruled that the committee's mandate falls exclusively under the Office of the Auditor-General, making the President's decision to establish the taskforce unconstitutional.
The case was filed by activist Magare Gikenyi and other petitioners, who argued that the Executive had usurped the Auditor-General's constitutional role by assigning the committee responsibilities reserved for an independent constitutional office.
The petitioners also challenged the process used to establish the taskforce, claiming it lacked public participation and failed to meet constitutional requirements on merit, inclusivity and transparency in appointing members.
In response, the government defended the taskforce, arguing that President Ruto acted within his constitutional authority to create an advisory body to support policy formulation and the execution of his functions.
However, Justice Mugambi held that while the President enjoys broad executive authority, those powers are subject to constitutional limits and cannot override functions expressly assigned to independent constitutional offices.
The judge further emphasized that all executive actions remain subject to judicial scrutiny and must comply with the Constitution, reinforcing the principle of separation of powers and institutional independence.
The ruling effectively invalidates the taskforce, marking another court defeat for the Executive over the exercise of presidential powers.