Busia Senator Okiya Omtatah has welcomed the decision of the High Court to suspend the implementation of the Finance Act 2023.
Speaking to TV47 on Friday, he said:
“Nimeshukuru kwa sababu mahakama imechukua hatua ambayo inafaa; kusimamisha hiyo sheria kwa muda ili tuweze kuangalia ni nini ilitokea na kama kweli madai yangu ya kwamba ni sheria gushi ina msingi.”
Omtatah had moved to court seeking the implementation to be halted arguing that the Act is unconstitutional.
He said this was due to how it was enacted – in violation of the Constitution and the Public Finance Management Act – and the details in the bill.
The Senator said the bill should have contained the revenue estimates just like it had expenditure estimates.
He noted that the government should have explained how much revenue they expected to raise, for example, by doubling the VAT on fuel from 8 per cent to 16 per cent.
This would be for accountability and transparency basis.
Earlier, Lady Justice Mugure Thande said she was satisfied that Omtatah’s application met a threshold for conservatory orders.
“I am satisfied that the application meets the test of conservatory orders and I do grant prayers 2 and 3 of the application until July 5, 2023, when the matter is scheduled for mention for directions,” she ruled.
Thande further directed that the applications be served upon all parties today Friday, June 30 and responses be filed and served by July 4, 2023.
In the case that the court overturns its ruling, Omtatah said he will accept the outcome.
“We have chosen the High Court through a democratic process. What the court rules, we will accept. if the court rules that the Finance Act 2023 is okay, then we will accept it. There is no otherwise,” he said.
The Finance Bill was signed into law on Monday by President William Ruto.
This followed approval by the National Assembly last week.
