High Court extends orders suspending Finance Act

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Busia Senator Okiya Omtatah

The High Court has extended conservatory orders suspending the implementation of the Finance Act 2023.

Justice Mugure Thande said the orders remain in force until she delivers a substantive ruling on July 10, 2023.

Last week, the court temporarily suspended the operationalization of the Finance Act 2023 pending a case filed in court by Busia Senator Okiya Omtatah.

In a suit filed under a certificate of urgency last Friday, Omtatah faults the Executive for usurping the roles of both the taxman and the two Houses of Parliament.

He argues that President William Ruto is forcing the passage of the Bill which he says amounts to coercing Kenyans to pay tax irregularly.

The Senator has enlisted over 30 articles of the Constitution that risk being violated if the Bill is passed.

Read related: Omtatah seeks to cross-examine Speaker Kingi on Finance Bill Affidavit

The case came up for mention Wednesday. The government through Treasury CS is challenging the orders arguing if they are not aside there will be a budgetary crisis that will affect government operations.

Additional reporting by Ruth Wamboi

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