The court of appeal has declined to vacate the high court orders suspending the Finance Act 2023.
The attorney general had moved to the appellate court to freeze the orders granted by the high court that suspended the act last week.
The AG argued that the high court order has paralyzed most government operations and suspension means delay of 300 billion shillings expected to be collected through the act.
The act standoff ridge on with the decision now left with the three judge bench constituted by the Chief Justice Martha Koome who will determine an application to lift orders staying the implementation of the Finance Act 2023 on Friday, July 28.
Petitioners Okiya Omtata and other three challenged the procedure at which the act was passed and clauses in the law including the housing levy.
Justice Mohamed Warsame, Kathurima M’Inoti and Hellen Omondi gave the directive after submissions by Treasury Cabinet Secretary Prof Njuguna Ndungu.
He told the court that the suspension by the High Court risked plunging the country into a budget crisis.