NAIROBI, Kenya, Jul 20 — The Court of Appeal (CoA) will determine an application to lift orders staying the implementation of the Finance Act 2023 on Friday, July 28.
Justice Mohamed Warsame, Kathurima M’Inoti and Hellen Omondi gave the directive on Thursday after submissions by Treasury Cabinet Secretary Prof Njuguna Ndungu.
He told the court that the suspension by the High Court risked plunging the country into a budget crisis.
CoA’s direction on the matter came days after Chief Justice Martha Koome appointed a three-judge bench to hear Finance Act 2023 petition refereed to her by Justice Mugure Thande.
The impaneled High Court bench will include Justices David Majanja (Presiding), Lawrence Mugambi and Christine Meoli.
While referring the matter to the CJ, Justice Mugure Thande cited weighty constitutional matters raised by petitioners led by Busia Senator Okiya Omtatah.
Prof Githu Muigai, former Attorney General appearing for the State, had challenged the petition saying it risked plunging the country into a financial crisis.
He argued that granting orders sought by Senator Omtatah and six other activists would in fact trigger a constitutional crisis.
“What the petitioners have done is that they have precipitated a constitutional crisis without precedent,” Muigai told the court on July 5.
He told the judge that the seven petitioners had mislead the court.
“By misleading the court to suspend the Finance Act 2023, they have compromised all other budget statutes including the Appropriation Act 2023.”
Omtatah who was joined by Rarieda MP Otiende Amollo dismissed Muigai’s position as baseless.
