Editor's Review

The Court of Appeal lifted the orders suspending the implementation of the Finance Act 2023 on July 28. 

United Democratic Alliance (UDA) Secretary General Cleophas Malala has urged Busia Senator Okiya Omtatah to withdraw his petition against the Finance Act 2023.

Speaking on Friday, August 11, 2023, during the groundbreaking of the Industrial Park in Busia Malalah said if Omtatah wins the case, the county will not be allocated funds for the project.

The UDA SG said he will speak with Omtatah and ask him to withdraw the case to allow the project to go on.

"Once Okiya Omtatah wins his case against the Finance Act 2023, money will not reach here. I kindly request Omtatah to allow the funds to come through so that we can finish this project. Today, I will speak to you behind the tent and ask you slowly to just withdraw that case from court, and we move forward,” said Malalah.

File image of Busia Senator Okiya Omtatah.

Omtatah had moved top court in June to challenge the Finance Bill 2023 arguing that it was passed hurriedly in the National Assembly without proper public participation.

The Busia senator asked the court to squash the bill, saying it will affect many Kenyans if it is allowed.

Justice Mugure Thande issued orders suspending the implementation of the Act on June 30 but the orders were lifted by the Court of Appeal on July 28 after Treasury Cabinet Secretary Njuguna Ndungú filed an appeal.

"The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on 10th July 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal,” the court ruled.