Controversial Human Rights Activist and Busia Senator Okiya Omtatah has filed a petition in the High Court, challenging the provisions of the Finance Bill 2023.

Omtatah's move comes as he seeks to address what he believes to be unconstitutional elements within the bill, thereby advocating for the protection of citizens' rights and calling for judicial intervention.

At the core of Omtatah's submission lies his concern highlighting various critical issues, with a particular focus on the mandatory salary deductions aimed at supporting President William Ruto's Affordable Housing agenda.

He contends that these deductions infringe upon the socio-economic rights (Article 43) of individuals, as they would result in a 3 per cent reduction in basic salary for employees and a corresponding 3 per cent contribution from employers.

This, he argues, would diminish workers' purchasing power while simultaneously increasing business operating costs.

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"Section 76 of the Bill threatens socio-economic rights (Article 43) to the extent that, if made law, the fund will require a 3 per cent reduction in basic salary for employees and a 3 per cent contribution from employers, thereby reducing worker’s purchasing power as it increases business operating costs,” Omtatah argued.

Moreover, the senator highlights another contentious issue, emphasizing that Section 76 of the Bill threatens the freedom to own property (Article 40(1)).

He asserts that civil servants would be compelled to participate in a mandatory tax scheme masquerading as a means to facilitate property acquisition.

"Section 76 of the Bill threatens the freedom to own property (Article 40(1)) by proposing to compel civil servants to participate in a mandatory tax scheme disguised as a means to facilitate property acquisition," Omtatah told the court.

In his petition, the Busia Senator emphasizes that the Senate and the National Assembly should have engaged in thorough deliberation of the Bill before its presentation.

Expressing concern, Omtatah highlights the possibility of the National Assembly passing the Bill without involving the Senate, thereby granting President Ruto the power to enact it as law.

Consequently, Omtatah has taken legal action against Treasury Cabinet Secretary Njuguna Ndung'u and Attorney General Justin Muturi, whom he identifies as advisors to the government.

"The Treasury has been sued herein for having violated Articles 3(1) and 153(2)(a) of the Constitution by presenting to the National Assembly the Finance Bill 2023 parts of which threaten to violate express provisions of the Constitution of Kenya 2010 and the principles of natural justice, and to undermine Kenya’s economic organisation," he further said in his petition.

It is noteworthy that Omtatah's petition came only days after President Ruto personally appealed to him, urging him not to challenge the Finance Bill 2023 in court.