Nairobi — Prime Cabinet Secretary Musalia Mudavadi has criticized a High Court decision suspending the implementation of the the Finance Act 2023 terming it as insensitive.

Mudavadi who echoed sentiments of top ranking Kenya Kwanza lawmakers including House Budget Committee Chairperson Kimani Kuria during an event graced by President William Ruto termed the move as injurious to public interest.

The PCS, accompanying Ruto to a thanksgiving ceremony at Treasury Principal Secretary Chris Kiptoo's Elgeyo Marakwet home on Saturday, argued that the court should have taken into account public interest specifically the ramifications the decision would have on budget financing.

"It is important that the judiciary becomes alive to what we call public interest. At all times public interest must be taken into account when decisions are made," Mudavadi said.

Senate Majority Leader Aaron Cheruiyot had earlier said the decision rendered on Friday risked crippling the country.

"We also want our judiciary to be mindful of the fact that we have a country which must be run," Cheruiyot remarked.

'Procedural issue'

He further opined that the issue in court was a procedural matter and as such, the court ought to have restrained from rendering a verdict with far-reaching implications.

"How can a procedural issue supersede public interest?" he posed.

While issuing conservatory suspending the Finance Act 2023, Justice Mugure Thande directed the State to file a response by Tuesday, July 4.

The orders effectively stopped the government from levying any taxes under the new Act, including the 8 per cent VAT increment on fuel.

In the application before the court, petitioners led by Busia senator Okia Omtatah contested the passage of twenty-two sections of the Act "which were not in the Bill but were introduced on the floor of the National Assembly."

They further challenged adoption of another 40 provisions without the input of the Senate arguing the said tax proposals required an endorsement by the Senate.