Courts have no power to revoke Finance Act 2023; Kenya Kwanza MP
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Kenya Kwanza MP Boni Khalwale says courts have no powers over the Finance Act 2023 after its suspension
Kenya Kwanza MP Boni Khalwale says courts have no powers over the Finance Act 2023 after its suspension.
Kakamega Senator Boni Khalwale now says that the courts cannot revoke the Finance Act 2023.
Speaking on Thursday, July 6, Khalwale stated that it is only the National Assembly that has the power to make decisions.
“The only organ of the constitution that has the power to make decisions that assume the force of law is Parliament. The courts can say what they said but they can never repeal the Finance Act,” Khalwale said.
The UDA Senator noted that even though the High Court suspended the implementation of the Act, Kenyans are still paying taxes.
“There is no crisis in the country, taxes are still being collected because whatever the court said cannot be assumed to have repealed the existing act so life goes on, ” Khalwale stated.
He further chided the media for ‘hyping’ the debate over the Finance Act.
“The media has already taken a position on the finance act that’s why you like to hype issues that make Kenyans anxious as if life is coming to an end,” Khalwale added.
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His statement came even after Justice Mugure Thande on Wednesday extended conservatory orders suspending the coming into force of the Finance Act 2023, to Monday, July 10.
“Hon Mugure Thande has extended the conservatory orders until 10th July 2023, at 2:00 PM when the ruling will be delivered & directions given. Note: Implementation of the Finance Act 2023 still stands suspended, in accordance with the orders issued on 30th June,” Omtataha tweeted after the court session.
During the virtual hearing court session, the petitioners urged the court to pronounce itself over contempt of its initial orders by the Energy and Petroleum Regulatory Authority(EPRA).
EPRA had on Friday last week increased fuel prices despite the court suspending the implementation of the Finance Act.
In the meantime, Omtatah has also filed a contempt application against the Energy and Petroleum Regulatory Authority (EPRA) which he wants to be found in contempt of court for enforcing the new fuel prices despite the implementation of the Act having been suspended by the court.
The contempt application by Omtatah against EPRA will be mentioned and determined next week.
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