The Supreme Court declined to overturn Court of Appeal judgments lifting the suspension of the Finance Act 2023.
The Apex Court also dismissed the petition filed by Busia Senator Okiya Omtatah.
Omtatah and three other petitioners moved the Supreme Court after the Court of Appeal overturned High Court judge Mugure Thande’s orders suspendiing the implementation of the Finance Act 2023 on June 30.
Treasury CS Njuguna Ndung’u claimed that the government was losing half a billion shillings per day as a result of the High Court freeze.
“The four sets of written submissions filed out of time by the applicants on August 15, 2023, on the court’s online platform are hereby struck out and the applicant’s notice of motion dated August 5, 2023, is hereby dismissed,” the bench said in a ruling delivered on Friday, September 8.
All the Supreme Court judges led by Chief Justice Martha Koome, Deputy CJ Philomena Mwilu and judges Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isack Lenaola and William Ouko unanimously dismissed the appeal giving green light to the executive to proceed with implementations.
