Supreme Court Suspends Ruling Declaring Finance Act, 2023 Unconstitutional

President WIlliam Ruto has received a reprieve from a conservatory order issued by the Supreme Court  temporarily suspending portions of the Court of Appeal’s decision declaring the Finance Act, 2023, unconstitutional.

This decision comes in response to appeals filed by the Cabinet Secretary for National Treasury and Planning, along with four other government officials, against the Court of Appeal’s decision.

”A conservatory order is hereby issued suspending and staying the declarations in Orders iii, iv, vi, vii & ix(i) issued in the Court of Appeal judgment dated 31st July, 2024 in Civil Appeals Nos. E003, E016, E021, E049, E064 & E080 of 2024 (Consolidated) pending the hearing and determination of the consolidated appeal before this Court,” read the ruling by the supreme court in part.

The Finance Act of 2023, which was passed earlier this year, suffered a major setback  on July 31, when the Court of Appeal in-validated it, citing procedural flaws in its enactment.

The ruling by the Apex court therefore comes as a big reprieve for President William Ruto’s administration following the withdrawal of the Finance Bill 2024 after the deadly gen-Z demonstrations.

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