Petitioners in the Finance Act 2023 case have urged a three-judge bench to declare the Act unconstitutional, null and void.
The petitioners told the judges that the Finance bill was passed by Parliament without the concurrence of the Senate as required by the law.
Further, they told the presiding judge, Justice David Majanja, Justice Lawrence Muhambi, and Christine Mioli, that new provisions were introduced in parliament without public participation as required by law.
The applicants, through their Counsel Okong’o Omogeni, Otiende Amollo, Daniel Maanzo, and Kakamega senator Okiya Omtatah, noted that the introduction of the housing levy that is in the Finance Act does not exist in law and purports to give powers to Kenya Revenue Authority the power to collect unconstitutional tax.
They argued that the Senate must be involved in introducing any measure that affects counties.
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Out of 84 new measures, 22 were adopted in the house without the people's consent, the court was informed. They requested that the judges declare the Finance Bill Act 2023 void.
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