Nominated senator Karen Nyamu has faulted the Law Society of Kenya (LSK) president Faith Odhiambo after the latter's move to decline President William Ruto's appointment.
Ruto listed Odhiambo among the members of a task force charged with carrying out a forensic audit of the public debt.
According to the politician, who is also a lawyer by profession, Odhiambo turned down a big chance to bring forth input from the attorneys in the country to aid the government in settling puzzles that affect the common citizenry.
One such puzzle is the national debt and the LSK president should have seized the opportunity to help the president settle it, Nyamu said.
"She has turned down an opportunity to have Kenyans interests represented by the premier bar association in line with one of its objectives to protect and assist the public in Kenya in all matters touching, ancillary or incidental to the law. Public debt is a momentous challenge we face as a country, and I'm somewhat disappointed that she was not eager to be part of the first step to figuring it out," said Nyamu.
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The LSK council termed the move by Ruto to constitute the task force as unconstitutional.
They cited a court ruling in which the Auditor General was specified to undertake an audit of the Trans Nzoia county government.
"We take note of the recent High Court decision underscoring the Auditor-General's role in public audit matters in Ondago v Natembeya and 15 others [2023] KEHC 22268 (19 September 2023) (Judgment) where the High Court while nullifying a Taskforce created to audit County Government debts, asserted that the Governor could request the Auditor- General to conduct a forensic audit," LSK said.
"It is our considered view that the establishment of the task force is unconstitutional. The mandate to audit public debt rests with the office of the Auditor-General," it added.
LSK's council hence resolved not to have its president nor any of its members take up appointments or participate in the activities of the said task force.
It went ahead to counsel the president to refrain from what it said was usurping the constitutional powers of the Auditor-General through Executive Orders and allow the Auditor-General to perform her constitutional duties.
The debt, currently at upward of KSh 10 trillion, was majorly procured during former president Uhuru Kenyatta's tenure.
Ruto tasked the team with auditing the debt and filing its report within three months.
President William Ruto constituted a task force to audit the national debt.
It would run its activities from the National Treasury building.
To lead the team as its chair would be Nancy Onyango, assisted by Luis Franceschi.
Members of the team included; Philip Kaikai, LSK President Faith Odhiambo, Institute of Engineers of Kenya President Shammah Kiteme, and Vincent Kimosop.
Abraham Rugo and Aaron Thegeya would serve as the joint secretaries of the task force.
The team would review the current stock of public and publicly guaranteed debt, reconciling loan proceeds with their intended purpose and reconciling loan repayments with the associated terms of the facility based on the context and terms of the loans.
The Task Force would also assess whether the country has received value for money in terms of loan terms, cost of the projects financed, return on investment, and equity, including intergenerational equity.
In addition, the task force would assess the adequacy of safeguards in the public finance management (PFM) framework for debt management and recommend changes in the control environment to strengthen the governance of the country's public debt management system.
“In the light of the current debt burden, the imperative for fiscal consolidation and the constrained fiscal space, recommend alternative sources of financing the country’s development needs in the short and medium term and any debt reorganization plan; and to consider, perform, or advise on any other matter or subject ancillary to the above,” the gazette notice read in part.
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