High Court Rejects 2nd Attempt To Suspend Finance Bill.

The High Court has for the second time declined to suspend the Finance Bill, which was signed into law by President William Ruto on Monday morning.

Justice Mugure Thande of the Milimani Constitutional and Human Rights Division on Monday, June 26, declined a request by Busia Senator Okiya Omtatah to issue interim orders against the implementation of the law.

Omtatah had filed a petition challenging the process of how the law was enacted, and he wanted the court to suspend its implementation pending the hearing and determination of the case.

However, Justice Thande ruled that there was no evidence that the implementation of the law would cause irreparable harm to Omtatah or his co-petitioners. She also noted that the court had not yet had the opportunity to hear the case, and that it would be premature to issue interim orders at this stage.

Omtatah expressed disappointment with the court’s decision, but he said that he would continue to pursue his legal challenge to the Finance Bill.

Background

The Finance Bill was passed by the National Assembly on May 25, 2023. It was then sent to the Senate, where it was passed on May 31, 2023. President Ruto signed the bill into law on June 26, 2023.

The bill has been met with criticism from some quarters, who argue that it is unfair to taxpayers and that it will increase the cost of living. Omtatah’s petition is one of several legal challenges that have been filed against the bill.

Next Steps

Omtatah and his co-petitioners will now have to wait for the High Court to hear their case. The case is likely to be heard in the coming weeks or months.

In the meantime, the Finance Bill will remain in effect. This means that the new taxes and other provisions of the bill will be implemented.