The High Court has for the second time declined to suspend the Finance Bill which has been signed into law by President William Ruto this morning.
Justice Mugure Thande of the Milimani Constitutional and Human Rights Division on Monday, June 26 declined a request by Busia Senator Okiya Omtatah to issue interim orders against the implementation of the law.
Omtatah wanted the court to suspend the implementation of the law pending the hearing and determination of the constitutional petition challenging the process of how the law was enacted.
“l urge the court to issue the conservatory orders suspending the implementation of the law. The ground has shifted so much as some of the orders have since been overtaken by events, ” Omtatah informed the Judge.
Requesting the court to grant the interim orders against the implementation of the act, Omtatah protested that since filing the case on May 31 this year, he and his co-petitioners were yet to get the court’s audience.
“The National Assembly has considered and passed the bill. We approached this court on May 31 since then we have never been given an audience. We had sought the orders because what we had considered as a threat has become a violation,” Omtatah added.
He also sought the court’s permission to amend the case on the grounds that some of his prayers have since been overtaken by events.
“I pray l be given one day to amend my petition with co-petitioners to take on board what has happened since Parliament has concluded its business and the President has assent the bill to law this morning,” the Busia Senator stated.
Attorney General Justin Muturi and Treasury Cabinet Secretary Njuguna Ndung’u vehemently opposed the grant of the interim orders sought by Omtatah, saying that they had filed a preliminary objection challenging the authority of the court to hear the case.
“There should be no conservatory orders until the preliminary objection challenging the jurisdiction of the court is heard and determined,” Treasury CS Ndung’u’s lawyer Kiragu Kimani informed the judge.
The AG’s lawyer Thande Kuria supported the sentiments of Ndung’u that the interim orders should not be issued pending the determination on the question of whether the court has powers to hear the dispute.
But Justice Thande only allowed Omtatah’s request to amend the case.
She declined to grant any orders against the law.
The judge directed Omtatah to file and serve his amended petition by the close of business today June 26, 2023.
The Attorney General and Treasury Cabinet Secretary were instructed to file their responses by July 3.
In the suit, Omtatah and the four activists Eliud Matindi, Michael Otieno, Benson Odiwuor Otieno and Blair Angima Oigoro have challenged the Financial Bill terming it unconstitutional.
They argued that the law which was passed on June 21, 2023, by lawmakers amounts to forcing Kenyans to pay taxes measures aimed at raising the Ksh3. 6 trillion budget irregularly without justification.
The petitioners say that the Bill contains 30 sections which contravene the Constitution on taxation matters.
They also want the court to find that there are substantial questions of law have been raised in the suit and refer the case to Chief Justice Martha Koome to empanel a bench of an uneven number of judges to determine the case.
