“It’s not over yet” Omtatah hits back at Supreme Court ruling on Finance Act
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Okiya Omtatah vows to soldier on after the Supreme Court dismisses his petition challenging the lift on suspension of Finance Act 2023
Okiya Omtatah vows to soldier on after the Supreme Court dismisses his petition challenging the lift on suspension of Finance Act 2023.
Busia Senator Okiya Omtatah stated that his case is still strong and he didn’t see losing despite Supreme Court setback.
Speaking on Friday during the Sugar Conference on Friday, September 8, Omtatah said the ruling was based on an application and that the Supreme Court judges said that they had made a minor mistake according to their rules.
The lawmaker stated that the judges decided the case based on technicalities rather than the merits of the case.
Omtatah added that he was very ready for the trial to begin on Wednesday, September 13, at the Court of Appeal adding that the law is on his side.
“They only addressed matters of the application, but we are still proceeding with the case. The trial will begin on Wednesday. This is like a side battle. The actual battle begins on Wednesday, and that’s when the men will meet with me. I am confident that I won’t lose this case because I follow the Constitution and adhere to the law, not human whims. I am prepared, and I have sharpened my knives,” Omtatah observed.
The activist-turned-politician stated that Kenyans must understand that his fight would not stop with the Finance Act 2023.
He clarified that his next battle will center on Chapter 12 of the constitution, which he claimed had allowed individuals entrusted by Kenyans to misuse of funds.
The National Treasury, according to Omtatah, was also improperly established and hat it was still operating under the old constitution.
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“I would like Kenyans to understand that this battle we have initiated is not just about the Finance Bill alone; it’s about Chapter 12 of the entire finances of the Republic of Kenya being misused by those entrusted with oversight authority. So, once we are done with the Finance Act, I want us to look at the division of revenue and then investigate this treasury that has been established based on the principles of the old constitution,” he said.
His response came after the Supreme Court dismissed his petition challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act 2023.
In their ruling, the Judges argued that suspension of the Act, just as it was observed by the Court of Appeal would have affected government operations.
The Judges also noted that they were guided by the principle of public interest, especially due to the fact that the matter at hand involves many people, most of whom are not parties to the case.
“The appeal also did not arise from an order made under Rule 5(2)(b) and we reiterated the settled position that this Court lacks jurisdiction to entertain an appeal arising from exercise of the Court of Appeal’s discretion under the said Rule,” the court ruled.
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