Kenya: High Court Ruling On Finance Act 2023 Set for November 24

14 September 2023

Nairobi — Kenyans will know the fate of the contested Financial Act 2023 on November 24, 2023, when a bench appointed by the Chief Justice Martha Koome will deliver its judgement.

The judges, justice David Majanja ( presiding) justice Christine Meoli and Lawrence Mugambi concluded the hearing of 12 petitions challenging the enactment of the Finance Act.

The contested issues as ably submitted by lawyers representing the petitioners includes, housing levy, the process in which the bill produced before parliament.

Other issues as eloquently submitted by senior counsels' Otiende Amolo, Okong'o Omogeni, professor Elijah Ongoya and George Odinga includes 22 provisions out of 84 that were tabled before the house which they said were not deliberated before the house committees.

The lawyers also submitted that there was no public participation as provided for by the constituition.

However the issues raised by the petitioner's were responded to by the solicitor general Shadrack Mose, professor Githu Muigai ,Mahat Somane and Charles Mutinda.

They pointed out that the contested Finance Act underwent the normal process and was duly passed by parliament.

They said that public participation was done and consequently tendered evidence to support their case.

They urged the bench to dismiss the petitions with costs.

The court will also endeavour to deliver ruling as to whether energy Petroleym Regulation Authority director Daniel Kiptoo will be sent to jail for contempt of court.

The application of contempt was argued by kakamega senator Okiya Omtatah on grounds that the MD was served with a court order on July 3rd, suspending any increment of petroleum..

The MD proceeded to issue a notification for increment of petroleum on the material day.

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