The High Court has struck down the Presidential Task Force on the Forensic Audit of Public Debt, ruling that President William Ruto’s Executive Order establishing the body violated the Constitution by creating a task force that duplicated the mandate of an independent constitutional office.
In the judgment, the court held that although the President has constitutional authority to establish advisory bodies and exercise executive powers, those powers cannot be used to create institutions that perform functions already assigned to independent constitutional bodies.
The petition challenging Executive Order No. 4 of 2024 argued that the task force undermined constitutional independence by usurping powers already vested in an existing State office. The petitioners also maintained that the task force was established without public participation and that its membership did not meet constitutional requirements on inclusivity and merit.
The respondents defended the Executive Order, arguing that the task force was intended solely to advise the President on policy matters and assist in the coordination of government functions.
However, the court found that every executive action must comply with the Constitution and is subject to judicial scrutiny. It emphasized that the President’s executive authority is not unlimited and must be exercised within the constitutional framework.
The court concluded that the establishment of the Presidential Task Force on the Forensic Audit of Public Debt was unconstitutional and invalid, reaffirming that executive action cannot override or duplicate the constitutional mandates of independent State institutions.
