NAIROBI, Kenya, Jul 23 – President William Ruto’s bid to establish a Presidential Task Force to conduct a forensic audit of Kenya’s public debt has suffered a major setback after the High Court declared the body unconstitutional for encroaching on the mandate of an independent constitutional office.In a judgment delivered on Thursday, Justice Lawrence Mugambi ruled that Executive Order No. 4 of 2024, published through Gazette Notice No. 8261 on July 5, 2024, was unconstitutional, finding that the President exceeded his constitutional authority by creating a task force whose functions duplicated those of an independent office established under the Constitution.The petitioners argued that the Executive Order created a parallel institution to undertake responsibilities already assigned to a constitutional office. They also contended that the task force was established without public participation and that the appointment of its members failed to meet constitutional requirements on merit, transparency and inclusivity.The government defended the Executive Order, maintaining that the President was acting within his constitutional mandate to establish an advisory body to support the Executive in policy formulation, coordination and the implementation of government functions.However, Justice Mugambi held that while the President enjoys broad executive authority, those powers are not absolute and must be exercised within the limits set by the Constitution.The judge emphasised that all executive actions are subject to judicial scrutiny and must comply with constitutional principles, citing Articles 2, 129, 131, 132, 165 and 259 of the Constitution.He further observed that the principle of legality requires every public office, including the Presidency, to exercise only those powers expressly granted by the Constitution.Justice Mugambi added that the courts have a constitutional duty to intervene whenever executive action violates the Constitution while respecting the doctrine of separation of powers.The court consequently quashed Executive Order No. 4 of 2024, declaring the Presidential Task Force on the Forensic Audit of Public Debt unconstitutional, invalid and an unlawful duplication of the functions of an independent constitutional office.