Economy
CJ Martha Koome selects judges to hear a case against the Finance Act
Tuesday, July 18, 2023
Judge David Magenga of the Milimani High Court. file image | Swimming pool
Chief Justice Martha Comey appointed a three-judge panel to hear the case that challenges enforcement of the 2023 Treasury Act.
The three are judges David Maganga, Lawrence Mugambi and Christine Mioli.
The court, which is presided over by Judge Maganga, is expected to rule on the petition filed by Sens. Busia Okiya Umtata, Eliud Matende, Michael Otieno and four others.
is reading: Okiya Omtatah: Senator on the front lines of the court battle against the Finance Act
The petitioners want to declare the Finance Act unconstitutional, arguing that there is no agreement between the Speakers of the National Assembly and the Senate on provincial matters.
Furthermore, they argue that the introduction of the finance bill, which is now law after its approval by President William Ruto, took place without due process.
The law faced legal headwinds after Judge Muguru Thandi issued conservatory orders on June 30 temporarily suspending its implementation and collection of new taxes, which seek to mobilize an additional Sh211.0 billion in tax revenue in the 2023/24 financial year.
On July 10, Judge Thandi refused to lift the Conservatory’s orders and allowed Prayer to certify the case as raising heavy constitutional issues and referred the file to the International Court of Justice for a tribunal to hear and decide the case.
The bench is now expected to set the date for the hearing.
