Editor's Review

“The applicants' Notice of Motion dated 5th August 2023 be and is hereby dismissed."

The Supreme Court on Friday, September 8 dismissed Busia Senator Okiya Omtatah’s petition challenging the implementation of the Finance Act 2023. 

The Busia senator and three others had moved to the apex court after the Court of Appeal lifted the suspension on the Act that had been issued by High Court judge Justice Mugure Thande. 

The Supreme Court in its ruling stated that it had no jurisdiction to entertain the appeal by Senator Omtatah.

The court noted that it was convinced that the decision of the Court Appeal occasioned grave injustice to warrant its jurisdiction. 

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File image of President William Ruto.

The Supreme Court also struck out all submissions filed by the applicants saying they were filed out of time.

“The four sets of written submissions filed out of time by the applicants on 15th August 2023 on the Court's online platform be and are hereby struck out,”

“The applicants' Notice of Motion dated 5th August 2023 be and is hereby dismissed,” the ruling read.

The Court of Appeal on July 28 lifted the orders suspending the implementation of the Finance Act 2023 after Treasury Cabinet Secretary Njuguna Ndungú filed a petition saying the government had lost half a billion shillings daily, following the High Court freeze.

"The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on 10th July 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. Costs shall abide the outcome of the appeal,” the appellate court ruled.