The High Court has declared as urgent a suit filed by Busia Senator Okiya Omtatah and four activists seeking to halt the contentious Finance Bill 2023.
In a brief order, Justice Hedwig Ong’undi certified the case, stating that the complaint opposing the measure should be heard first since it poses triable questions.
“After reviewing the petition, Notice of Motion, and Certificate of Urgency.” “I am satisfied that the matter is urgent, and I certify it as such,” Justice Ong’undi added.
She did not, however, prohibit the National Assembly from debating and submitting the contested bill to President William Ruto for assent to become law.
The judge ordered Omtatah and his co-petitioners to serve the suit documents on Speaker of the National Assembly Moses Wetangula, CS Treasury Njoronge Ndung’u a, and Attorney General Justin Muturi within three days.
Justice Ong’undi ordered state officials to respond to the case within seven days of its filing on June 19, 2023.
Omtatah and four activists, Eliud Matindi, Michael Otieno, Benson Odiwuor Otieno, and Blair Angima Oigoro, have filed a lawsuit challenging the validity of the finance measure championed by the President.
According to the petitioners, the law has 30 articles that violate the Constitution in taxation subjects.
They also want the court to find that there is a substantial question of law has been raised in the suit and refer the case to CJ Martha Koome to impanel a bench of an uneven number of judges being not less than to determine the case.
They argue that the disputed finance bill is illegal as the government is all out to irregularly tax Kenyans without justification.
Omtata is requesting that the court ban the speaker of the National Assembly from forwarding the Finance Bill 2023 to the President if it contains sections 28-30, 33, 34, 36, 52, 56, 59, 73, 74, 76, 78, and 79 of the Finance Bill 2023.
He suggests that important legal concerns be presented and that the case be referred to CJ Martha, who will appoint a bench of an unequal number of judges, and not less than three Judges to decide the case.
Omtatah is requesting that the government release the national debt, which he alleges has been overstated by more than Sh3.7 trillion.
