Court certifies Omtatah suit against Finance Bill as urgent

Written by on 6 June 2023

Parliament will now go ahead to discuss the controversial Finance Bill 2023 without any hitch after the High Court yesterday declined to halt the exercise.

 Justice Hedwig Ong’undi of Milimani Constitution and Human Rights Court declined a plea by Busia Senator Okiya Omtatah and four others to bar the National Assembly from discussing and transmitting the impugned bill to President William Ruto for accession to become law pending the hearing of the case.

 Instead in a brief ruling Justice Ong’undi certified the case by Omtatah and activist Eliud Matindi, Micheal Kojo, Benson Otieno and Blair Oigoro as urgent.

 “Upon perusal of the petition, Notice of Motion and the certificate of urgency. I am satisfied that the matter is urgent and is hereby certified as such, “ Justice Ong’undi stated.

 The judge directed Omtatah and his co-petitioners to serve the Speaker of the National Assembly Moses Wetangula, CS Treasury Njoronge Ndung’u and Attorney General Justin Muturi with the suit papers within three days.

 Justice Ong’undi also directed the state officials who have been sued to respond to the lawsuit within seven days before June 19, 2023.

 In the suit Omtatah and the four activists Eliud Matindi, Michael Otieno, Benson Odiwuor Otieno and Blair Angima Oigoro has challenged the financial bill which is being spearheaded by the President on ground it’s unconstitutional and illegal.

 The Petitioners argued that the proposed bill by President Ruto amounts to forcing Kenyans to pay taxes irregularly without justification.

 According to the activists the bill contains 30 sections which contravene the constitution on taxation matters.

 They argue that the disputed finance bill is illegal as the government is all out to irregularly tax Kenyans.

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