The High Court has refused to revoke a previous order that halted the implementation of the Finance Act of 2023.
Fate of Finance Act 2023 hangs in the balance after Justice Mugure Thande's orders
Chief Justice Martha Koome paid a special courtesy call on the British High Commission on September 15, 2022
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This means that the petition filed challenging the constitutionality of the Finance Act will proceed.
Milimani High Court Judge Mugure Thande said that Kenyans would be unfairly subjected to taxes that could be found unlawful.
Milimani High Court Judge Mugure Thande in court
Milimani High Court Judge Mugure Thande
Pulse Live Kenya
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She noted that public interest lies in suspending the law for now, and the government will not be prejudiced by extending the suspension of the Finance Act.
The Finance Act 2023, which was assented to by President William Ruto on June 26, was challenged by Senator Okiya Omtatah.
As a result of Justice Mugure Thande's ruling, the case will now be forwarded to Chief Justice Martha Koome to assemble a panel of judges to hear and decide on the matter.
This is a blow to President Ruto who was looking forward to the quick implementation of his first Finance Act 2023 to deliver on some of his campaign promises.
The government, through the Attorney General, Justin Muturi, argued that extending the suspension of the Finance Act 2023 would result in a shutdown on government operations.
