Kenya Kwanza Allies Slam Judiciary over Finance Act Suspension
After Justice Mugure Thande suspended the implementation of the Finance Act, of 2023. Some politicians with ties to the Kenya Kwanza coalition went on the offensive against the Judicial Branch.
On Saturday, July 1, Prime Cabinet Secretary Musalia Mudavadi criticized the decision made by the court. Stating that it did not take into account the interests of the public.
He argued that the Judiciary failed to address the issue at hand. And instead decided to suspend the entire Finance Act. This, he said, was a poor choice.
“The Judiciary indeed needs to have its autonomy, and it is also true that the Constitution ensures that the Judiciary will have its autonomy. However, it is also essential that the judicial branch become sensitive to what is commonly known as the “public interest.”
Mudavadi said this while he was speaking at the Kapteren in Keiyo North Constituency. At the thanksgiving ceremony for National Treasury Principal Secretary Chris Kiptoo. “Public Interest should always be taken into account when courts are pronouncing themselves on certain key matters,” he said.
“The issue before the court is one of procedure; it does not even pertain to the substance of the case in terms of the law; rather, it is merely a procedural issue.” Whoever made this decision, I hope you will give it some thought because I don’t understand how technicality can trump the public’s best interests. “He added that it is not possible, nor would it be beneficial for this country, to take the public interest for granted.
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In response to the decision of the court to halt further implementation of the Act. Senate Majority Leader Aaron Cheruiyot shared the same sentiments as the Prime Cabinet Secretary.
Cheruiyot referred to the argument that Busia Senator Okiya Omtatah made. In which he argued that it was not the position of the Senate as a whole and that it did not have unanimous support.
Omtatah had argued that the National Assembly did not seek the Senate’s input even though the Act touched on weighty matters affecting counties. This was even though the National Assembly did not seek the Senate’s input.
“In my capacity as Majority Leader of the Senate, I had a conversation with Amason Kingi, the Speaker of the Senate. The Speaker has provided me with confirmation of the steps that were taken by the law between him and the Speaker of the National Assembly regarding the issue with the Finance Act. There was complete agreement on all points. Cheruiyot was anxious about it.
“In his capacity, Senator Okiya Omtata does not represent the Senate. Omtata expressed interest in receiving advice in her capacity as who regarding this matter? he wondered.
Kuria Kimani, who serves as the chairperson of the Finance Committee of the National Assembly, has raised concerns about the reasons behind the temporary suspension of the Finance Act.
He argued that the committee had followed the appropriate procedures for public participation before President William Ruto signed the legislation into law. Kimani has pledged to file a formal appeal of the suspension.
ALSO READ: Finance Act 2023 Temporarily Suspended by High Court
“I read about some shenanigans in Okiya Omtatah’s conservatory orders on the Finance Act 2023. The Finance Act and Appropriations Act were both approved by the President on the same day, so there was no way to break the Public Finance Management Act of 2012, as the Molo MP explained.
However, since the new constitution was enacted, the Finance Bill of 2023 has been the subject of the most legal challenges than any other piece of legislation. In that case, I’ll see you in court! Another round of heated debate is on the horizon!” he continued.
Didmus Barasa, the Member of Parliament for Kimilili, was also critical of the Judiciary. He pointed out that the Energy, Petroleum, and Regulatory Authority (EPRA) had already raised the price of fuel.
During his remarks at the ceremony of thanksgiving, Ruto avoided the subject entirely but did issue a warning to the opposition, which was led by the previous Prime Minister Raila Odinga, not to participate in any disruptive demonstrations.
In advance of the court hearing on July 5, His Deputy Rigathi Gachagua refrained from participating in the discussion regarding the Finance Act.
Other leaders, such as the Member of Parliament for Kiharu, Ndindi Nyoro, had previously defended the Finance Act. Nyoro argued that the Act will assist the country in increasing revenue and reducing its reliance on foreign aid.
Despite opposition from the Azimio side, the Finance Bill managed to pass parliament thanks in large part to the efforts of National Assembly Majority Leader Kimani Ichung’wah, who fought valiantly to see its passage.
Kenya Kwanza Allies Slam Judiciary over Finance Act Suspension
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