The High Court has dealt a blow to President William Ruto's administration by temporarily suspending the implementation of the Finance Act 2023.
The court's decision came after Busia Senator Okiya Omtatah filed a suit challenging the act, citing the exclusion of the Senate from its formulation.
High Court Judge Mugure Thande, presiding over the case on Friday, stated, "That I am satisfied that the application meets the test for conservatory orders, and I do grant prayer number 2 and 3 of the application until the 5th of next month when the matter is scheduled for mention for directions."
The court order granted reads as follows: "THAT pending the hearing and determination of the application and/or the Petition, the Honourable Court be pleased to issue a conservatory order suspending the Finance Act, 2023. THAT pending the hearing and determination of the application and/or the Petition, the Honourable Court be pleased to issue an interim order of prohibition prohibiting the respondents and interested parties or their agents howsoever acting from giving effect to the Finance Act, 2023."
Omtatah's argument centred around the alleged non-involvement of the Senate in the formulation of the finance bill.
Read More
This raised concerns over the constitutional requirement for parliamentary oversight and input in matters concerning the nation's finances.
The senator's suit asserts that the exclusion of the Senate undermined the principles of transparency and accountability.
With the Finance Act 2023 suspended, pending the hearing and determination of Omtatah's suit, the government's plans for fiscal policies and resource allocation face uncertainty.