Omtatah to challenge Finance Act ruling at Supreme Court
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Okiya Omtatah and other petitioners issues a notice to appeal Finance Act 2023 ruling at the Supreme Court
Okiya Omtatah and other petitioners issues a notice to appeal Finance Act 2023 ruling at the Supreme Court.
Busia Senator Okiya Omtatah has now moved to the Supreme Court seeking to overturn the Court of Appeal decision that allowed the implementation of the Finance Act 2023.
In a notice of appeal filed by Omtatah and six other petitioners, they want the Supreme Court to quash the decision by a three-judge bench of the appellate court that lifted the supension of the Finance Act.
Omatath and his co-petitioners in their notice say they intend to appeal the ruling rendered by Court of Appeal Judges Mohamed Warsame, Kathurima M’Inoti and Hellen Omondi whose verdict they are dissatisfied with.
“Omtatah, Eliud Matindi, Benson Otieno and Blair Oigoro, being dissatisfied with the entire ruling of the Court of Appeal Warsame, M’noti and Omondi, given at Nairobi on July 28, 2023, intend to appeal to the Supreme Court against the whole decision,” the notice to appeal reads.
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The Busia Senator now wants the Supreme Court to intervene and suspend further implementation of the new tax law pending the determination of his case at the High Court that is challenging its legality.
This comes after a bench of three judges of the appellate court lifted the suspension placed on June 30, pending the determination of an appeal filed by Ndung’u.
While vacating the orders, the judges concurred with Treasury CS Njuguna Ndung’u and Attorney General Justin Muturi that there will be serious irreversible economic consequences if the stay of the conservatory orders is not granted.
“The application by (the state) has merit and the same is allowed as prayed with the effect that the order made on July 10, 2023, suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal,” the three judges ruled.
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