Attorney General Justin Muturi has defended the Finance Act 2023, saying Parliament properly passed it after going through the required stages.
This is after the Finance Act 2023 case petitioners urged a three-judge bench to declare the Act unconstitutional, null, and void in their submissions.
The petitioners told the presiding judge, Justice David Majanja, Justice Lawrence Muhambi, and Christine Mioli that the Finance bill was passed by Parliament without the concurrence of the Senate as required by the law.
Further, they 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.
However, speaking through Professor Githu Muigai, the solicitor general Shadrack Mose, Mahat Somane, and Kiragu Kimani, Muturi told the three-judge bench that issues contested by the petitioners, which include the housing levy were properly discussed within the committees of parliament before the bill was taken to the full house for debate.
The defense counsel told Justice David Majanja ( presiding) Justice Christine Meoli and Justice Lawrence Mugambi that the executive introduced the housing levy with legitimate expectation that it will help most workers in the country.
