- High Court Blocks Government From Signing Deals on JKIA and Ketraco - November 27, 2024
- ODM MP Takes a Swipe at Ruto Over Raila’s Ongoing Campaigns - November 27, 2024
- Raila Happy After Taking This Historic Photo - November 27, 2024
Thursday, July 20, 2023 –Court of Appeal has continued to stop government from implementing the controversial Finance Act 2023.
In the court session held today Thursday July 20, High Court sitting in Nairobi declined plea by lawyer and former Attorney General Githu Muigai seeking interim orders staying the ruling by the High Court that suspended the implementation of the Finance law 2023.
The High Court judge, Mugure Thande, weeks ago, dealt a major blow to the Act which had already been signed into law by the president.
And, therefore, three judges at the Court of Appeal – Justice Mohammed Warsame, Kathurima M’Inoti and Hellen Omondi – instead have directed that the court will make a ruling on the matter on Friday, July 28.
Muigai had sought lifting of conservatory orders so that the new Finance Act could swing it action even as final determination of its legality still pends.
Additionally, Githu – representing the State – noted that the High Court violated the separation of powers between the Parliament, the Judiciary and the Executive while suspending the implementation of the Finance Act.
Lawyer Githu argued that the matter at the High Court was handled unprocedural and that the court engaged in judicial overreach while delivering the ruling.
This determination will be delivered by the three-judge bench recently constituted by Chief Justice Martha Koome.
The decline now means Treasury Cabinet Secretary Njuguna Ndung’u and Attorney-General Justin Muturi will wait a little longer for the final verdict on the matter.
The suspension of the Act was as a result of Busia Senator Okiya Omatatha’ petition weeks ago.
