Chief Justice Martha Koome has appointed a three-judge bench to hear and decide the case challenging the Finance Act of 2023.
Justices David Majanja( Presiding), Lawrence Mogambi and Christine Meori will set a date when the matter will be mentioned for hearing.
The Finance Bill was suspended by Justice Mugure Thande, who directed that the file be brought before the Chief Justice for further instructions.
The petitioners, Busia Senator Okiya Omtatah and the Azimio la Umoja-One Kenya coalition, want the high court to overturn the Act’s implementation, claiming that it was rushed through parliament without public participation.
They argue that the Act is unconstitutional and should not be implemented because it will harm many Kenyans who are already suffering.
The government, through Attorney General Justin Muturi, filed preliminary objections to have the petitions dismissed, but these were rejected by Justice Thande on the grounds that the applicant raised serious issues that needed to be heard.
As a result, the judge extended the conservatory orders suspending the Act until the case is heard and decided.
