The Supreme Court will convene this Friday to rule on an appeal that sought to overturn the decision of the court of appeal that allowed the implementation of the finance act 2023.
Activist Okiya Omtatah and three others moved to the supreme court to question the constitutionality of the court of appeal to rule over a matter that had orders from a lower court.
In the notice, the four said they were dissatisfied with the ruling of the Court of Appeal given in Nairobi on July 28, 2023.
In the suit, Treasury CS has been mentioned as a respondent, who earlier this month in his affidavit claimed that the decision by the appeal court was warranted as the country could not sustain its debt obligations.
A bench of three judges of the appellate court lifted the suspension placed on June 30, pending the determination of an appeal filed by Ndung’u.
The CS moved to the appellate court through Attorney General Justin Muturi arguing that the government stands to lose approximately Sh 211 billion in the current financial year.
Justices Mohammed Warsame, Kathurima M’Inoti and Hellen Omondi ruled that the Finance Act has a lifespan of 90 days beyond which the next budgetary cycle is set in motion.
They further challenged adoption of another 40 provisions without the input of the Senate arguing the said tax proposals required an endorsement by the Senate.
The petitioners also challenged public participation in the law-making process as being inadequate.