Daadab Member of Parliament Farah Maalim has opined that the failure to lift the suspension of the Finance Act by the High Court was a disregard of the law.
According to Maalim, the three arms of government – Executive, Legislature and Judiciary – are mandated by the law to operate independently without obstructing each other.
Speaking on Citizen TV’s Daybreak show on Tuesday, Maalim stated that the law-making mandate of Parliament is unfettered and the Finance Act should not be contested by the courts once it is passed by the House.
“The exercise of the three arms of government cannot be interfered by any arm against the other. It can only come in personal litigation,” said Maalim.
“For the courts to come out and say we are suspending the Act that was done by Parliament is the height of ignorance of the law itself and the failure of how democracy works.”
The legislator further cited examples from jurisdictions in other countries, noting a nation like the United States has their arms operating independently without obstructing each another.
“Have you ever seen anywhere in the world where government’s budget was stopped by courts? Look at all democracies, we are not trying to reinvent the wheel. Have you ever seen the American courts with all their litigations try to get involved in what Congress does?” he posed.
In the ruling made on Monday, High Court judge Mugure Thande declined to set aside orders suspending the Finance Act 2023.
Thande ruled that the petitioners have proved that they have a case adding that if the orders were to be lifted the public stands to suffer.
“The petitioners have proved that they have a prima facie case….there’s merit in granting conservatory orders,” the judge noted.
The judge further directed that the file be forwarded to Chief Justice Martha Koome to appoint a three-judge bench who will hear and determine the matter.
