Editor's Review

The Finance Act 2023 remains suspended. 

High Court has declined to lift the orders suspending the implementation Of the Finance Act 2023. 

Justice Mugure Thande in her ruling on Monday, July 10 stated that the respondents did not satisfy her to set aside the conservatory orders. 

“I am inclined to exercise my jurisdiction and allow the prayer for certification under article 165- 4 of the constitution. In view of the foregoing, I find that it has not been demonstrated to my satisfaction grounds warranting the setting aside of the orders of 30th of June 2023,” she stated. 

Justice Thande at the same time forwarded the petition to Chief Justice Martha Koome to constitute a bench for hearing.

“Pursuant to article 165(4) this matter is certified as raising a substantial question of law and the file is hereby transmitted to the Chief Justice for assignment of a bench of not less than three judges to hear and determine the petition,” Justice Thande added.

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File image of Okiyah Omtatah

The High Court Judge issued the conservatory orders blocking the implementation of the Finance Act on Friday, June 30 following an application by Busia Senator Okiya Omtatah. 

“That I am satisfied that the Application meets the test for conservatory orders and I do grant prayers 2 and 3 of the Application until 5.7.23 when the matter is scheduled for mention for directions,” read the order.

Justice Thande extended the orders on Wednesday, July 5 after hearing submissions from Busia Senator Okiya Omtatah, Rarieda MP Otiende Amollo, Solicitor General Shadrack Mose, and Lawyer Githu Muigai who was representing Treasury Cabinet Secretary Njuguna Ndung’u.