The High Court has suspended for a week the implementation of the Finance Act, 2023, pending the the hearing and determination of a suit filed by Busia Senator Okiya Omtatah.
In her ruling, Lady Justice Mugure Thande gave conservatory orders suspending the implementation of the Finance Act pending hearing of Senator Omtatah’s suit, noting that his application met the threshold for the conservatory order in his bid to have sections of the Act expunged.
“I am satisfied that the Application meets the test for conservatory orders and I do grant prayers 2 and 3 of the Application until 5.7.23 when the matter is scheduled for mention for directions,” the ruling read.
In his petition, Omtatah says that the Finance Bill contains amendments to several laws that have nothing to do with raising revenue and laws that affect the work of the Senate to protect the interests of counties and their governments.
“Forcing employees to contribute an amount of money based on the applicable blanket deductible percentage without consideration of their existing contractual obligations on their salaries is not reasonable,” says Omtatah.
The Senator further argues it is a mandatory condition precedent that, before the Bill can be introduced for consideration in the originating House, a Speaker of one House of Parliament must first seek the concurrence of the Speaker of the other House of Parliament.
“In direct contravention of the mandatory requirement that any Bill introduced in the National Assembly, which includes provisions pertaining to county governments, must also be introduced to the Senate for concurrence, the Finance Bill 2023 was not submitted to the Senate,” the petitioner says.
Email your news TIPS to Editor@nairobilawmonthly.com, and to advertise with us, call +254715061658 anytime of the day
