The state is now left between a rock and hard place following the confirmation of the suspension of the Finance act 2023.
In its decision the High Court says that Kenyans would be unfairly subjected to taxes that could be found unlawful.
The act was petitioned by Activist Okiya Omtata who took issue with the 184 clause act among them the house tax and the 8% added VAT on petroleum products.
The court has extended conservatory orders issued last week for five more days respondents arguing that the act was people centered and transformative
The court has however argued that it considered the interest of the Public in suspending the Act for now.
On claims that the state might default on loans, fail to pay recurring bills, achieve development, the court has affirmed that the country will not be prejudiced further certifying the matter for an expanded bench.
Judge Mugure Thande further directed that the file be forwarded to Chief Justice Martha Koome to appoint a three-judge bench who will hear and determine the matter.
Further while declining to delve into the merits of the case the judge noted that if the orders are not reserved then there’s danger in rendering the case as nugatory and an academic exercise.