The High Court has extended the conservatory orders issued last week suspending the implementation of the Finance Act 2023.
A ruling delivered by Justice Mugure Thande extended the orders by five more days to Monday 10th of July 2023, when the case petition filed by Senator Okiyah Omtata will come up for hearing.
Okiya Omtatah challenged the implementation of the Finance Act, on grounds that the Senate was not involved in the passing of the controversial law.
Omtatah has also filed a contempt application against the Energy and Petroleum Regulatory Authority, which he wants to be found in contempt of court for enforcing the new fuel prices despite the implementation of the Act having been suspended by the court.
Meanwhile, the state is now accusing petitioners challenging the Finance Act, of misleading the court on the suspension of the implementation of tax collecting laws.
While representing the state, former attorney General Githu Muigai said the conservatory orders obtained by Omtatah on the Act, have compromised all other budget regulations including the Appropriation Act 2023, building to a constitutional crisis.
“What the petitioners have done is that they have precipitated a constitutional crisis without precedent,” Muigai told the court.
“By misleading the court to suspend the Finance Act 2023, they have compromised all other budget statutes including the Appropriation Act 2023.”
While defending the petitioner Okiya Omtatah that the intention of the suit is to cushion Kenyans on the ever high biting cost of living, lawyer Otiende Amolo said the suspension does not affect the new amendments of the act, as the state can rely on the 2022 finance act to collect taxes.
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