In a significant development related to the petition against the Finance Act 2023, Busia Senator Okiya Omtatah’s evidence has been called into question. Senate Speaker Amason Kingi has stated that the letter referenced by Omtatah, which resulted in the suspension of President William Ruto’s Finance Act, has been withdrawn.
Kingi explained that he wrote to the Speaker of the National Assembly to retract a letter dated June 15, which had initially cautioned that the Finance Act 2023 would impact county governments and necessitated discussions by both houses.
However, court documents obtained on Sunday, July 2, reveal that Kingi argued that the Act does not affect county governments as alleged. He further claimed that he was advised to withdraw the letter, which had been unlawfully obtained and submitted as evidence to mislead the court.
Therefore, Kingi argued that the court made an error in issuing conservatory orders against the Finance Bill 2023, thereby granting Omtatah’s request to prevent Ruto from implementing tax increases.
“I do acknowledge that you indeed wrote to me with regard to the consideration of the Finance Bill 2023 vide your letter dated May 2, 2023. My letter dated June 15, 2023, was therefore sent in error, and I hereby withdraw it and repudiate its contents in its entirety.”
“The position, therefore, remains as set out in my letter dated May 3, 2023, in which I was in agreement that pursuant to the provisions of Articles 95(4)(c), 114,109(3), 209(1) and 221(1) of the Constitution, the Finance Bill (National Assembly Bills No.14 of 2023) is a Bill considered only by the National Assembly, does not concern county governments and does not affect the operations of the Senate,” noted the submission in part.
In his petition, Okiya Omtatah argued that the National Assembly Speaker, Moses Wetangula, failed to consult the Senate Speaker before allowing the Finance Bill 2023 to be presented and voted on. Omtatah contended that this violated Article 110(3) of the Constitution, as the Finance Bill should have undergone the Senate’s input.
In response to Amason Kingi’s application, Omtatah maintained that the withdrawal of the letter by the Speaker was an afterthought and did not impact the court’s ruling.
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