Landmark Decision: Court of Appeal Fast-Tracks Omtatah’s Challenge on Finance Act 2023
In a swift move, the Court of Appeal has fast-tracked the application presented by Busia Senator Okiya Omtatah, classifying it as an urgent matter.
This application seeks to revoke the stay orders previously issued under the contentious Finance Act of 2023.
Arguing on behalf of the applicants, court documents assert that the prior judges made critical errors by overstepping their jurisdiction and unconstitutionally impeding justice.
The orders, they claim, not only delay justice but also perpetuate financial strain on a specific population segment through the discriminatory housing levy.
The plea emphasizes the irreparable harm caused by the unconstitutional levy, contending that mere compensation cannot rectify its discriminatory implications.
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The applicants further warn of detrimental consequences if the government persists in violating constitutional and national laws, potentially causing severe losses for the Kenyan populace.
Senator Omtatah and three other applicants are determined to challenge the entirety of the high court’s ruling and seek necessary interventions to safeguard their appeal from becoming ineffective.
They assert the credibility and likelihood of success of their impending appeal.
The Finance Act of 2023 faced a recent setback when the high court nullified it, citing unconstitutionality.
However, despite the ruling, the court imposed stay orders, effective until January 10, 2024, further fueling the urgency behind Omtatah’s application.
As the legal battle intensifies, the Court of Appeal remains at the center stage, now under pressure to address the compelling arguments challenging the stay orders tied to the controversial Finance Act.
Landmark Decision: Court of Appeal Fast-Tracks Omtatah’s Challenge on Finance Act 2023
