Nairobi — Attorney general Justine Muturi on Wednesday strongly defended the Finance Act 2023 which twelve petitioners want the court to declare it unconstitutional.
The AG through the solicitor general Shadrack Mose, professor Githu Muigai, Mahat Somane and Kiragu Kimani told the three -judge bench that the Finance bill was properly passed by parliament after going through the required stages.
The defence counsel told justice David Majanja ( presiding) justice Christine Meoli and justice Lawrence Mugambi that issues contested by the petitioners which include the housing levy were properly discussed within the committees of parliament before the bill was taken to the full house for debate.
They said the housing levy was introduced by the executive with legitimate expectation that it will help most workers in the country.
The court was further told that contrary to what the petitioners have submitted to the judges, that there was no public participations there is sufficient evidence that stakeholders were invited to participate in the making of finance bill.
The court further heard that the Finance Act is already in place and the government is collecting taxes to finance its budgetary projects that run from education, health, water and sanitation and the improvement of public infrastructure.
The judges were informed that in the registration of bills, there is no provision in the law that the senate must be involved.
The respondents told the court not to declare the finance Act un constitutional as it will put the country into anarchy.
They said the county governments are happy and that's why no county government has been enlisted as respondents in the petitions.