The National Assembly has asked the Supreme Court to overturn an appellate court decision that invalidated the Finance Act 2023.
Through Lawyers Issa Mansuor and Josphat Kuyioni, the National Assembly made its submissions in a virtual session before the Seven Judge Bench of the apex court, in the appeal where the House, the Speaker ofthe National Assembly and other appellants are challenging the July 31Appellate Court decision that invalidated the Finance Act 2023.
The Appeal is crucial to Government operations, as the Finance Act 2023 effectively remained in force after collapse of the Finance Bill 2024 earlier this year.
Lawyer Mansuor acting for the National Assembly and the Speaker of the National Assembly told the Bench Chaired by Chief Justice Martha Koome, that there had been adequate public participation prior to enactment ofthe Finance Act 2023, contrary to the position of the Appellate Court which invalidated the Act.
“Nowhere did the National Assembly dismiss anysubmission, even where the same propositions were made by different individual sor institutions. And this applied to the memoranda presented physically and onemail,” noted Lawyer Mansuor.
Further the National Assembly noted that the House standing orders allow for further amendment of any Bill after public participation, at the Committee stage and during the Committee of the Whole House, without necessarily having to undertake another round of Public Participation.
Senior Counsel Prof. Githu Muigai, acting for the Office of the Attorney General and the Cabinet Secretary for Treasury and National Planning told the Court that the Country stands to lose Revenue to the tune of Kshs. 214 Billion, if the Government was forced to revert back to the Finance Act 2022, as would be the impact of the Court of Appeal Decision that invalidated the Finance Act 2023, in addition to damaging the Country’s credit ratings.
This, Prof. Githu noted, would greatly hamper the Government’s ability to fund it’s programs but would also seriously affect theCountry’s ability to meet it’s debt obligations.
“This would be a very serious issue because it would ineffect also hamper the Government’s ability to raise revenue throughborrowing” noted Prof. Muigai.
The Bench chaired by Chief Justice Martha Koome, and also comprising Lady Justice Philomena Mwilu, Justice Mohammed Ibrahim, Justice Smokin Wanjala, Lady Justice Njoki Ndung’u and Justice William Ouko heard thatthe National Assembly undertook sufficient public participation on the Finance Bill 2023, prior to its passage in the House.
The Respondents in the Appeal include Busia Senator OkiyaOmutata and 52 others including the International Commission of Jurists, KatibaInstitute and the Kenya Human Rights Commission.
The hearing on the same is still on.
