Court dismisses Omtatah’s appeal on Finance Act ruling
Court dismisses Omtatah’s appeal on Finance Act ruling
The Supreme Court has dismissed the appeal by Busia Senator Okiya Omtatah challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act, 2023.
In a ruling delivered on Friday, the apex court argued that it lacks jurisdiction to entertain the said application. Adding that it is not convinced that the decision of the Court Appeal has occasioned grave injustice within its jurisdiction
The Supreme Court has dismissed Busia Senator Okiya Omtatah’s appeal against the Court of Appeal’s judgement lifting the stay on the implementation of the Finance Act, 2023. In a ruling issued on Friday, the Supreme Court claimed that it lacks authority to hear the application, adding that it is not convinced that the Court Appeal’s decision resulted in severe injustice within its jurisdiction.
“The intended appeals before the Court of Appeal have since been filed and are to be heard within 60 days of the contested ruling.” Furthermore, the High Court’s hearing on the modified case is set to begin in September 2023,” the judges added. The court also dismissed four sets of written submissions submitted by the applicants on August 15, 2023. “The responses and/or submissions filed late by the first, second, third, fourth, fifth, eighth, and ninth respondents be and are hereby struck out.” The applicants’ Notice of Motion dated August 5, 2023 is dismissed. “There shall be no costs orders,” the court declared.
In July, the Appellate Court overturned High Court judgments postponing the execution of the Finance Act of 2023. The appellate court found that if the conservatory orders are not stayed, the government, who challenged the suspension through Treasury Cabinet Secretary Njuguna Ndung’u, will incur permanent economic effects.
