Nairobi — Wiper Leader Kalonzo Musyoka has backed a lawsuit filed by Senator Okiya Omtatah of Busia challenging the Finance Bill 2023, stating that the petition represents the opinion of Kenyans who should be heard.
Speaking on Sunday during a church service in Machakos, Musyoka encouraged judges to be honest in their decisions about Okiyah's petition.
"On June budget must be read however on the Finance bill it's a sensitive issue and am happy Omtatah has already filled the petition and the petition has to be known that it is the voice of Kenyans, however I do not trust anyone on this matter," he said.
"I only trust the sound judgement of the Kenyan people, let the courts not take it as a small thing, they should exercise the ruling with honesty."
He added that Azimio la Umoja Coalition is ready to take part in bipartisan talks with Kenya Kwanza, if only the talks are in good faith.
He said they were committed to the talks, but the Kenya Kwanza team was hiding something.
Omtatah on Friday filed a petition at the High Court challenging provisions of finance Bill 2023.
The senator said if the Bill is passed by Parliament, it will violate the constitution and it is not incumbent upon the executive to formulate the finance and direct it to Parliament to pass it into law.
"The power to impose taxes is not absolute, it is a donated power by the people to the executive and they deposit it not to the Executive but to the parliament. Article 209 and 210 of the Constitution states clearly that taxation can only be done as provided by the legislation, that power cannot be donated to any other organ," he said.
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Omtatah accused the Parliament majority of being compromised by the Executive and thus wants the court to issue orders suspending the debate and prohibit the Speaker of the National Assembly from transmitting the Finance Bill 2023 to President William Ruto.
"We have a parliament that is largely a lapdog organisation where the majority has gone to bed with the Executive and they are not distinct, and so whatever the Executive wants will always be passed. Parliament has been compromised and is now just a small appendix of the Executive," he added.
Omtatah wants the constitutional court to look at the provisions of the Finance Bill from section 28 all the way to section 79 and declare the same as unconstitutional.
He points out in his petition that tax on housing is a complete violation of Bill of Rights saying Kenyans cannot be forced to pay tax to purchase houses.
He says the finances ought to be debated by the two houses (Parliament and Senate).
He points out that some independent bodies like commissions, Judges and foreigners' salaries are not subject to taxations as provided under the new finance Bill 2023.
Omtatah wants in totality the Finance Bill be declared unconstitutional.
The matter had been filed under a certificate of urgency.
