Chief Justice Martha Koome has appointed Justices David Majanja( Presiding), Lawrence Mogambi, and Christine Meori to hear and determine the petitions challenging the Finance Act 2023.
The three-judge bench will set a date when the matter will be mentioned for hearing.
This comes after a week after High Court Judge Justice Mugure Thande forwarded the petition to CJ Koome to constitute a bench for hearing.
“Pursuant to article 165(4) this matter is certified as raising a substantial question of law and the file is hereby transmitted to the Chief Justice for assignment of a bench of not less than three judges to hear and determine the petition,” Justice Thande ruled on July 10.
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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.
