The government Monday, July 10 suffered a blow after the High Court declined to set aside orders suspending the Finance Act 2023.
Justice Mugure Thande dismissed the application by the state which sought to set aside the order she had issued suspending the Act.
She said the Act remains suspended.
Thande said the state did not give sufficient reasons to warrant her to lift the orders.
The order has been extended pending a hearing and determination of the case
The judge also forwarded the file to the CJ to impanel a bench to hear the petition.
This is in relation to a petition filed by Senator Okiya Omtatah.
Omtatah challenged the implementation of the Finance Act on the grounds that the Senate was not involved in the passing of the controversial law.
He said it was an unconstitutional law.
Omtatah has also filed a contempt application against the Energy and Petroleum Regulatory Authority (EPRA) which he wants to be found in contempt of court for enforcing the new fuel prices despite the implementation of the Act having been suspended by the court.
The contempt application by Omtatah against EPRA will be mentioned and determined next week.
Omtatah was given 48 hours to serve the respondents.
Attorney General Justine Muturi had petitioned the court to lift the orders.
At least three other cases have been filed on the issue.
