The Supreme Court of Kenya is tomorrow expected to issue the determination of Senator Okiya Omtata Appeal against the Court of Appeal ruling on the Finance Act.
Okiya Omtata took his war to the doorstep of the highest Court in Kenya after the court of Appeal okayed the Implementation of the 2023 Finance Act.
The hotly disputed Finance Act 2023 had been suspended by the High Court arguing that without conservatory orders, the petition’s essence would be lost.
However, the Court of Appeal lifted the suspension on the controversial Finance Act.
The applicants in the appeal argued that the Finance Act’s suspension would disrupt crucial government operations and cause substantial financial losses, hindering executive duties.
They questioned whether a presumed constitutional statute should be suspended before its constitutionality is challenged and they challenged the High Court’s decision, citing a violation of the separation of powers doctrine.
In response, the respondents asserted that the judiciary’s actions were a necessary check on the legislature and were not an overreach.
In its decision, the Court of Appeal considered the economic impact of the suspension of the Finance Act during the constitutionality review.
