Supreme Court judges warns Omtatah as they dismiss his petition on Finance Act “Respect courts”
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Supreme Court dismisses Okiya Omtatah petition challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act 2023
Supreme Court dismisses Okiya Omtatah petition challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act 2023.
Supreme Court judges have warned Busia Senator Okiya Omtatah against disrespecting the Judiciary, citing the lawmaker for derogatory remarks which they said were contemptuous.
While dismissing his petition on Finance Act, 2023, Supreme Court judges led by Chief Justice Martha Koome, Deputy CJ Philomena Mwilu and Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isack Lenaola and William Ouko took issue with Omtatah citing a viral video clip in which he was captured naming the judges in a derogatory manner.
“We must remind parties that the dignity and authority of this court and indeed any court of law should not be taken for granted,” the judges said.
Omtatah was commenting on the appeal even when it was still pending before the judges.
“We would like to state without any equivocation that we shall not hesitate to cite and punish any party or person whose conduct interferes and attempts to interfere with the course of justice in relation to any matter pending determination before the court or whose conduct deliberately undermines the court’s authority or dignity,” the judges said.
The judges termed the message in video clip as insulting.
“We find the message delivered in that video clip contemptuous and debasing of the dignity of this court,” they said in a ruling delivered on Friday, September 8, 2023.
Omtatah had told High Court judges David Majanja, Christine Meoli and Lawrence Mugambi who are hearing the Finance Act petition that their ruling was against public interest.
“That ruling is not in my favour and you won’t be serving justice if we continue like this,” Omtatah told the bench.
However, the judges declined the request.
“Please Mr Omtatah, we have made a ruling,” Justice Majanja who is the presiding judge said.
But an angry Omtatah went on.
“The speaker has told lies. Lies which are very fundamental to this hearing. He has even claimed that I got documents unprocedurally yet I am a sitting Senator,” Omtatah said.
“It is only fair he comes here to be cross-examined.”
He was however shut down by Majanja who insisted the court had made its ruling as regards that application.
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Meanwhile, the Supreme Court dismissed Busia Senator Okiya Omtatah’s petition challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act 2023.
The Court’s decision now means that the Treasury will continue collecting the new taxes including adjusted Valle Added Taxes and Housing Levy as contained in the Finance Act 2023 pending a determination of a separate case pending at the High Court.
“The four sets of written submissions filed out of time by the applicants on 15th August 2023 on the Court’s online platform be and are hereby struck out,” the judgment read in part.
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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