High Court Rejects The Request To Lift Suspension Of Finance Act
High Court Judge Mugure Thande has rejected the request to overturn the suspension of the Finance Act 2023. The judge determined that the petitioners have presented a strong case and that lifting the orders would adversely affect the public.
"The petitioners have proved that they have a prima facie case…there's merit in granting conservatory orders, “he stated.
Judge Thande acknowledged the prima facie merits of the petitioners' case and expressed the importance of granting conservatory orders.
Additionally, the judge directed the transfer of the case file to Chief Justice Martha Koome for the appointment of a three-judge bench to hear and make a final decision on the matter. While refraining from delving into the specifics of the case, the judge highlighted the potential danger of rendering the case ineffective and merely an academic exercise if the orders were not upheld.
Furthermore, the judge emphasized that lifting the conservatory orders would be detrimental to the public, as it would expose them to potentially unconstitutional laws that have been legally challenged.
The case was brought forward by Busia Senator Okiya Omtatah and others who argued that the Finance Act 2023 violated the constitution. The state, represented by the Attorney General's lawyers led by Githu Muigai, sought to have the orders granted two weeks ago lifted
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