The Court of Appeal Court on Thursday declined to grant interim orders staying the ruling of Justice Mugure Thande which suspended implementation of Finance Act, 2023.
Instead, the court said it will on July 28 render its decision on whether it will set aside an order suspending the implementation of the Finance Act.
Justices Mohamed Warsame, Kathurima M’Inoti and Hello Omondi set the date after Cabinet Secretary for Treasury Njuguna Ndung’u said the suspension of the Act is affecting government operations.
Read: LSK Sues Government Over Finance Act 2018, Say It Lacked Public Participation
Ndungu pleaded with the court saying there will be a budgetary crisis if the order is not lifted.
On Monday, Chief Justice Martha Koome appointed a three-judge bench to hear the case challenging the implementation of the Finance Act, 2023 filed by Busia Senator Okiya Omtatah and six others.
The three are justices David Majanja, Lawrence Mugambi and Christine Meori.
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The petitioners filed a lawsuit seeking to have the Finance Act 2023 declared unconstitutional, claiming that since it did not pass through the Senate as required by the law, it was unlawful.
They said that the Speakers of the National Assembly and Senate do not agree on issues pertaining to counties.
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