The High Court has ruled that President William Ruto’s decision to establish the Presidential Task Force on the Forensic Audit of Public Debt was unconstitutional, finding that it unlawfully duplicated the mandate of an independent constitutional office.

In a judgment delivered by Justice Lawrence Mugambi, the court declared Executive Order No. 4 of 2024, published through Gazette Notice No. 8261 on July 5, 2024, to be invalid. The judge held that the President exceeded his constitutional authority by creating a body whose responsibilities overlapped with those already assigned to an independent office under the Constitution.

The petitioners argued that the Executive Order violated several constitutional provisions by creating a parallel institution to perform functions reserved for an independent constitutional office. 

They also claimed that the task force was established without adequate public participation and that the process of appointing its members failed to meet the constitutional standards of merit, transparency and inclusivity.

In response, the State maintained that the President was acting within his constitutional powers to establish an advisory body to support the Executive in policy development, coordination and the execution of government functions.

However, the High Court rejected that argument, emphasizing that although the President enjoys broad executive authority, those powers must always be exercised within the limits set by the Constitution. The court further noted that all executive actions are subject to judicial oversight to ensure constitutional compliance.

Justice Mugambi cited Articles 2, 129, 131, 132, 165 and 259 of the Constitution, stressing that the principle of legality requires every public authority, including the Presidency, to act strictly within the powers granted by the Constitution.

The court also reaffirmed its constitutional responsibility to intervene whenever executive actions contravene the Constitution, while respecting the doctrine of separation of powers.

As a result, the court declared Executive Order No. 4 of 2024 unconstitutional and of no legal effect, holding that the Presidential Task Force on the Forensic Audit of Public Debt unlawfully duplicated and encroached upon the functions of an independent constitutional office.