Judge declines to lift orders against Finance Act

By Peter Ochieng

A High Court Judge on Monday declined to lift orders suspending implementation of the Finance Act, 2023.

Judge Mugure Thande said that if the orders were to be lifted, members of the public may suffer under laws that have been challenged in court.

"The petitioners have proved that they have a prima facie case.....there is merit in granting conservatory orders," she ruled.

The state was pushing for suspension of orders issued against implementation of the Finance Act, 2023, following a case filed by Busia Senator Okoiti Okiyah Omtatah.

The Senator and others are challenging the Act, terming it unconstitutional.

Former Attorney General Githu Muigai is representing the State in the case.

Judge Thande directed that the file of the case be forwarded to Chief Justice Martha Koome, so that she appoints a three judge bench to hear and determine the matter.