Omtatah To Appeal Ruling Lifting Orders Barring Implementation of Finance Act

Busia senator Okiya Omtatah has filed an appeal against the Court of Appeal’s decision lifting the restrictions on the execution of the Finance Act 2023.

Omtatah and three others; Brian Angima Oigoro, Eliud Karanja Matindi, Benson Odiwuor Otieno, have moved to the Supreme Court.

The four expressed their dissatisfaction with the Court of Appeal’s decision in the notice, which was delivered in Nairobi on July 28.

We have issued a notice of appeal against Friday's Court of Appeal ruling that lifted conservatory orders barring implementation of the Finance Act 2023. The notice will be filed at the Supreme Court. pic.twitter.com/LNK0PdXnMz

— Okiya Omtatah Okoiti (@OkiyaOmtatah) July 30, 2023

On Friday, the Court of Appeal overturned an order made last month suspending the implementation of the 2023 Finance Act after Treasury Cabinet Secretary Prof Njuguna Ndung’u argued that the government was losing half a billion shillings a day as a result of the freeze.

A three-judge bench of the Court of Appeal lifted the suspension placed on 30 June, pending the determination of an appeal filed by Prof Ndung’u.

The CS moved to the Court of Appeal through Attorney-General Justin Muturi, arguing that the government would lose about Sh211 billion in the current financial year.

The appellate court ruled that the government, which appealed the suspension through Ndungu, satisfied the twin principles to warrant the grant of the orders sought.

Justice Mohamed Warsame, Kathurima M’Inoti and Hello Omondi had set the date of ruling after Ndungu said the suspension of the act is affecting government operations.

Ndungu pleaded with the court saying there will be a budgetary crisis if the order is not lifted.

The court noted that there will be serious irreversible economic consequences if the stay of the conservatory orders is not granted.

The three judges said that the appeal will be heard and determined within 60 days.