The Court of Appeal Friday lifted an order that suspended the implementation of the Finance Act, 2023.
Justice Mohamed Warsame, Kathurima M’Inoti, and Hello Omondi ruled that they were persuaded that the applicants have satisfied the twin principles for the grant of the orders sought, and that, public interest tilts in favor of setting aside the conservatory orders by the trial Judge.
“The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on oon10th July 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal,” the judges said.
This followed an appeal by Treasury Cabinet Secretary Njuguna Ndungu.
Ndungu had said the suspension of the Act is affecting government operations.
Ndungu pleaded with the court saying there will be a budgetary crisis if the order is not lifted.
Busia Senator Okiya Omtatah, Eliud Matindi, Michael Otieno, and four others moved to court challenging the implementation of the Finance Act, of 2023.
The petitioners wanted the Finance Act declared unconstitutional, arguing that there is no concurrence of both Speakers of the National Assembly and Senate on matters relating to counties.
Further, they argued that the tabling of the Finance Bill, now an Act after President William Ruto assented to it, was done without following due procedure.
The matter will now be heard by a three-judge bench to determine the way forward.
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