The Court of Appeal has lifted a conservatory order suspending the implementation of the Finance Act 2023.
This is a relief for President William Ruto, whose government which was facing challenges on spending since the new financial year started this month.
Justices Mohamed Warsame, Kathurima M’inoti and Hedwig Omondi observed that there will be irreversible economic consequences if the order is not lifted.
However, the bench allowed the appeal by Okiya Omtatah, saying it has merit but cannot suspend the implementation of the Finance Act indefinitely, given the effects it will have on taxation and government spending.
In their ruling, the judges, however, said all the parties shall abide by the final outcome of the appeal.
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Chief Justice(CJ) Martha Koome appointed three judges to hear and determine petitions challenging the implementation of the Finance Act 2023.
The appointed judges include High Court Judge David Majanja (presiding judge), Lady Justice Christine Meoli and Justice Lawrence Mugambi.
This is after petitions filed by Busia Senator Okiya Omtatah and numerous others opposing the law led the High Court to delay the Act's execution on June 30.
Judge Mugure Thande of the High Court declined on July 10 to overturn rulings suspending the Finance Act, which President William Ruto had signed on June 26.
The judge found that the petitioners had made their case and added that the public would suffer if the injunction were lifted.
"The petitioners have proved that they have a prima facie case....there's merit in granting conservatory orders," Thande said.
Further, he directed that the file be forwarded to CJ Koome to appoint a three-judge bench to hear and determine the matter.
