Finance Act 2023 Remains Suspended, High Court Tells Ruto

President William Ruto and his battalion of tax collectors have received another blow after the High Court of Kenya declined to lift conservatory orders on Finance Act, 2023 which was issued last week. The government was praying that the orders are lifted.

Justice Mugure Thande declined to allow the implementation of the Act following a case filed by Busia Senator Okiya Omtatah against Treasury Cabinet Secretary. Justice Thande agreed with the petitioners that the case raises substantial constitutional issues.

A petition will now be forwarded to Chief Justice Martha Koome to constitute a bench for the hearing of the case. Respondents say orders, as issued by Justice Thande, will grind government operations to a halt. They sought seven days abeyance to allow an appeal.

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“It is already 12 days since you suspended the Finance Act 2023 & the government has not shut down. Our colleagues should stop scaremongering. The law provides for mechanisms of continuity through the Finance Act of 2022, all that has stopped are the new taxes & review,” said Otiende Amollo.

According to Okiya Omtata, there are inherent natural law and constitutional limitations on the power of the political arms of Government (the Executive and the Legislature) to impose taxes, which limitations protect taxpayers from unconstitutional taxation.

Sections 28, 30, 33(xxx), 34(a)(iii), (v), (vii) & (viii), 36, 52, 56, 59, 73, 74, 76, 78, and 79 of the Finance Bill 2023 pose a threat to the Constitution and should be quashed.

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