The High Court has denied Senator Omtatah’s request to have National Assembly Speaker Moses Wetang’ula and his Senate counterpart Amason Kingi cross-examined in relation to their affidavits in the case against the legality and implementation of the Finance Act 2023.
Busia Senator Okiya Omtatah had challenged the legality of the new tax measures arguing the bill did not pass through the Senate as required by the law that involve county governments.
Omtatah specifically challenged the housing tax saying housing is a devolved function hence the bill ought to have been discussed by Senators.
Lawyers acting for both Wetang’ula and Kingi opposed the application saying what the House leaders said in their affidavits were factual and supported by evidence hence the court should determine them on that basis.
Judges David Majanja, Christine Meoli and Lawrence Mugambi in a brief ruling summarily dismissed those applications saying they will give a detailed judgement on the application during the delivery of the entire petition Judgement.
However, Senator Omtatah protested the ruling saying he deserves justice in the petition and that the affidavits sworn by Kingi and Wetangula should be struck out since they will never be called to defend them.
“My lord I will be praying that if those people can’t defend the affidavits, then the affidavits be struck off the record. We need a fair trial and we need an equality of Arms in this court. The ruling you have made is not in my favor. It is prejudicial to my case if the affidavits remains on record and the authors cannot be cross-examined…” protested Omtatah.
