The case challenging the controversial finance act 2023 is set to be determined tomorrow.
The Justice David Majanja led three judge bench is set to render the judgment of the case which Senator and Activist Okiya Omtatah and Eliud Karanja Matindi, Benson Odiwuor Otieno, and Brian Angima Oigoro appealed on a litany of issues including sidelining the Senate in formulating the 3% housing levy
The petitioners also want the Act declared unconstitutional, arguing that there was no concurrence of both Speakers of the National Assembly and Senate on matters relating to counties.
Further, the Omtatah led team also argued that the tabling of the Finance Bill, now an Act after President William Ruto assented to it, was done without following due procedure.
The Act has run into several legal headwinds after Justice Mugure Thande issued conservatory orders on June 30 temporarily suspending its implementation and collection of new taxes, which seeks to mobilize an additional Sh211.0 billion in tax revenue in the financial year 2023/24.
On July 10, Justice Thande declined to lift the conservatory orders and allowed a prayer for the case to be certified as raising weighty constitutional issues and referred the file to the CJ to constitute a bench to hear and determine the case.