Monday, July 10, 2023 –The Finance Bill Act case has been handed over to Chief Justice Martha Koome to empanel a judge bench to make its full determination.
Justice Mugure Thande, siting in the High Court, today Monday July 10, directed that the case be heard by a panel of judges as she ordered it to remain suspended for a few more time.
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In the ruling, Judge Thande argued that the government failed to provide sufficient evidence on why the Bill should be implemented.
She claimed that there was yet to be availed enough explanation to warrant her to lift the earlier orders which termed the Bill as illegal.
While forwarding the file to the Chief Justice, Thande said the parties will have to remain patient until the case filed by Busia Senator Okiya Omatatah if fully determined.
The High Court in Nairobi had, last week, extended the orders issued in the case filed by Omtatah and Lawyer Otiende Omollo pending its hearing and determination.
In their case, they claimed that some sections threaten the right to property, access to justice and violate the Constitution in general.
Omtatah further argued in the court papers that the petition raises substantial issues of law and the file should be forwarded to the Chief Justice to appoint a bench of judges to hear and determine the matter.
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However, in his application, Treasury Cabinet Secretary Njuguna Ndung’u, on behalf of government, had asked the court to set aside the orders.
He argued that this orders if upheld could bring a budgetary crisis to their government as the standstill had caused a sh sh 578 million daily loss, in taxes.