President William Ruto's administration has suffered a major setback after the Court of Appeal declined to lift conservatory orders suspending the implementation of the Finance Act 2023.
Through former Attorney General Githu Muigai, the Government, on Thursday, July 20, requested the Court of Appeal to lift the conservatory orders issued by Judge Mugure Thande.
However, the Court of Appeal declined to grant interim orders staying the ruling of Justice Thande which stayed the implementation of the Finance Act, 2023 until when the Court will deliver the ruling on the stay application on Friday, July 28.
This comes barely days after Chief Justice Martha Koome appointed Justices David Majanja( Presiding), Lawrence Mogambi, and Christine Meori to hear and determine the petitions challenging the Finance Act 2023.
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Justice Thande in her ruling also extended the conservatory orders suspending the Act until the petition is heard and determined.
“I am inclined to exercise my jurisdiction and allow the prayer for certification under article 165- 4 of the constitution. In view of the foregoing, I find that it has not been demonstrated to my satisfaction grounds warranting the setting aside of the orders of 30th of June 2023,” she stated.
Busia Senator Okiya Omtatah had moved to court to challenge the act arguing that it was passed hurriedly in the National Assembly without proper public participation.
He also told the court that the Finance Act 2023 should be squashed, as it will affect many Kenyans if it is allowed.
The Act was set to become effective on July 1 after President William Ruto signed the Finance Bill 2023 into law on June 26.
