CJ Koome Appoints Judges for Finance Act Petition
Tuesday, July 18th, Chief Justice Martha Koome appointed a three-judge tribunal to hear and decide the fate of the Finance Act 2023.
This case will be presided over by Justice David Majanja, who will be in charge of supervising the proceedings. He will be joined by Justices Lawrence Mogambi and Christine Meori, completing the three-judge panel tasked with hearing and deciding the fate of the contentious act.
Due to the significance of the pending case, the composition of the three-judge panel has significant repercussions. The Kenya Kwanza government is relying on the proposals outlined in the Finance Act 2023 to fund its development initiatives.
Judge Mugure Thande of the High Court provisionally halted the implementation of the Finance Act on June 30. Later, on Monday, July 10, the magistrate upheld the suspension, keeping the execution halted.
While affirming the suspension, the High Court judge determined that the case must proceed to a full trial and ordered the Chief Justice to assemble a larger bench to decide the case.
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When will the case be decided?
While the Chief Justice has the authority to assemble the bench, it is the three-judge bench that is responsible for determining when the case will be heard.
In this case, the petitioners are Senator Okiya Omtatah of Busia and Azimio la Umoja – One Kenya Coalition.
The two parties petitioned the court to halt the implementation of the Act because, in addition to instituting punitive tax measures, the Act was hastily drafted without involving the Senate or other stakeholders.
Attorney General Justin Muturi and National Treasury Cabinet Secretary Njuguna Ndung’u are among the defendants in this case.
The Treasury has contested the case, warning that the country could lose Ksh211 billion if the petitioners prevail.
The secretary of state remarked that the petition will cripple service delivery by starving critical development sectors of funding.
CJ Koome Appoints Judges for Finance Act Petition
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