Omtatah challenges Appellate court decision to allow implementation of Finance act

Busia Senator and Activist Okiya Omtatah

Busia Senator Okiya Omtatah has castigated the court of appeal ruling that lifted orders barring the Finance act 2023, saying he will appeal the decision.

While speaking to the press the senator said the ruling missed on key tenets that guarantee the rightfully passing of the act among them it interlinks with the budget and appropriations bill.

“We have issued a notice of appeal against Friday’s Court of Appeal ruling that lifted conservatory orders barring implementation of the Finance Act 2023. The notice will be filed at the Supreme Court,” Omtatah said.

The justice Mohammed Warsame led bench said it found merit in submissions filed by Treasury Cabinet Secretary Njuguna Ndungu who averred that the country has been unable to honor its financial obligations due to the suspension the controversial act in June 30th hence prompting the judges to lift the conservatory orders pending hearing and determination of the case.

In the ruling, the Court of Appeal judges said tax is a continuous and annual mechanism and the members of the public can get a rebate for overpaid taxes and levies when making subsequent tax payments.

The respondents of the case that include Okiya Omtata and three others have up to 14 days to file their appeal at the appellate court but  Omtatah has  said he will move to the  supreme court to determine whether the court of appeal has the jurisdiction to rule on a matter that is still pending at the high court

The high court through CJ Koome constituted a three-judge bench led by Justice David Majanja to determine the petition by Omtatah on the legality of the controversial finance act.

The activist took issue with the procedure under which the bill was assented and provisions including the housing levy saying it bypassed the consent of the senate.

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