Nairobi — The High Court has declined to lift stay orders against the Finance Act 2023.

High Court judge Mugure Thande instead directed the suit to Chief Justice Martha Koome to form a three judge bench to hear it.

In the petition, Busia Senator Okiya Omtata and human rights group are challenging the legality of the suspended Finance Act.

Justice Thande says weighty matters have been raised in the petition and extended interim orders halting the government from collecting taxes outlined in the Finance Act, 2023.

Omtatah who is behind the petition said the law is unconstitutional adding that its implementation would subject Kenyas to great suffering.

President William Ruto's government pushed the law through parliament despite stiff opposition, saying extra revenue measures were needed to help deal with growing debt repayments, and fund job-creating initiatives.

Doubling the fuel tax to 16 percent and the introduction a 1.5 percent housing levy for all employees is among a raft of taxation measures contained in the Finance Act 2023.