Bad News To Omtatah After The Court Of Appeal Makes Ruling On The Finance Bill

Bad News To Omtatah After The Court Of Appeal Makes Ruling On The Finance Bill
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Following the most recent development, the Court of Appeal’s decision over the Finance Bill has delivered Busia County Senator Okiya Omtatah a severe blow. President Ruto introduced the Finance Bill 2023, which had the goal of raising taxation in order to raise government revenue. The Finance Bill was approved by the National Assembly and eventually made law by President Ruto despite fierce resistance from the Azimio camp. Following Ruto’s swift signing of the contentious Bill into law, Senator Okiya Omtatah filed a lawsuit opposing the new tax measures.

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Omtatah claims that he claimed the new levies were unconstitutional because the Kenyan Senate was not involved in the process of enacting laws. In order to give Omtatah’s petition due consideration, High Court judge Mugure Thande certified it as urgent and temporarily halted the law’s application.

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Professor Njuguna Ndung’ u of Treasury CS claimed that the government has been losing half a billion Kenyan shillings as a result of the delay of the Finance Bill. In the most recent event, the Court of Appeal acted quickly and lifted a decision that had been made last month postponing the application of the Finance Act 2023.

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The order was lifted shortly after CS Professor Njuguna Ndung’u, represented by Attorney General Justin Muturi, filed a petition with the court of appeals, claiming that the government stands to lose almost Ksh. 211 billion in the current fiscal year.

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The Court of Appeal judges stated in a statement, “The upshot of our decision is that the application has merit and is allowed as prayed with the effect that the order made on July 10, 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hearby lifted pending the hearing and determination of the appeal.

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