Okiya Omtatah Takes Finance Act Battle To Supreme Court, Pays KSh To File Notice Of Appeal

• Treasury Cabinet Secretary Njuguna Ndung'u headed to the Court of Appeal to dispute orders barring the implementation of the Finance Act 2023
• Ndung'u argued that the freeze was costing government over half a billion shillings daily in taxes and successfully had orders suspending implementation of the Act lifted
• Omtatah and three others, dissatisfied with the move has filed a notice of appeal at the Supreme Court an application that cost him KSh 450

Busia Senator and celebrated activist Okiya Omtatah has taken his battle against the implementation of the Contentious Finance Act 2023 to the Supreme Court.

Court of Appeal lifts orders suspending Finance Act 2023

This comes two days after the Court of Appeal lifted orders barring the implementation of the Finance Act.

High Court Judge Thande Mugure had issued temporary orders barring the implementation of the Act after Omtatah filed an application seeking the nullification of the law terming it unconstitutionally established.

The decision by Thande had given relief to a section of Kenyans that were opposing additional taxes and levies like an additional 8% fuel levy and Housing Fund levy, but their hopes were crashed after Justices Mohammed Warsame, Kathurima M’Inoti and Hellen Omondi lifted the orders.

Court of Appeal Judges that gave Finance Act 2023 life

Warsame, M'Inoti and Hellen Omondi ruled in favour of Treasury Cabinet Secretary Njuguna Ndung'u who claimed that the government was losing KSh 500,000,000 billion daily due to the freeze.

The three argued that the Act had a life span of 90 days after which the next budgetary cycle will commence and it would be difficult to spend what it was not generating as the Act was interdependent with the Appropriation Act.

Dissatisfied with the Court of Appeal's decision, Omtatah filed a notice of motion that cost him KSh 450 on Sunday, July 30.

Okiyah Omtatah heads to the Supreme Court over Finance Act 2023

In the notice seen by TUKO.co.ke, Omtatah, alongside Eliud Karanja Matindi, Benson Odiwuor Otieno, Blair Angima Oigoro who are the first, second, fourth and fifth respondents in the matter by Ndung'u notified the Supreme Court that they intended to appeal agains the entire decision of the three judges.

"Being dissatisfied with the entire ruling of the Court of Appeal (WARSAME, M’NOTI & OMONDI, JJ.A) given at Nairobi on July 28, 2023, we intend to appeal to the Supreme Court against the whole decision," read part of the notice seen by TUKO.co.ke.

Omtatah impressed many Kenyans by filing an application against the Act that was passed in the National Assembly and assented to by President William Ruto, describing the senator as the true people's watchman.

Omtatah, in a past event attended by Ruto in Busia blankly told the president to review the law lest he challenges him in court and lived up to his word.

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Okiya Omtatah

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