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Tuesday, July 18, 2023 –Justice David Majanja has been picked by Chief Justice Martha Koome to lead a three-judge bench to decide the fate of the Finance Act 2023 as signed into law by President William Ruto.
The three were selected on Tuesday July 18 by the CJ after the High Court transferred the case to her desk, a few weeks ago.
The two more judges to help decide this matter are Justice Lawrence Mogambi and Justice Christine Meori.
The Finance Act was challenged in court by Busia Senator Okiya Omtatah alongside other interested parties.
Petitioners argued that the Act signed by William Ruto did not meet the public participation threshold and also the taxing as proposed in it was punitive.
First to suspend its implementation was Judge Mugure Thande who, together with two others, again upheld the suspension on Monday July 10.
Three judges will now be announcing when the matter will be heard and decided; and this is after hearing submissions from both sides.
The William Ruto-led administration wants to bank on the Act to raise enough revenue for its financial activities.
Among other clauses mentioned in the amended Act are the Housing levy and the increased Value Added Tax VAT on fuel.
A week ago, the 16 percent fuel VAT triggered an increase in Petrol, Diesel and Kerosene; what saw Senator Okiya Omtatah warn the energy regulator EPRA against the move.
He threatened to go back to the courts saying the orders he had earlier acquired barred any attempt by the State to apply any section in the Act.
