In Summary

  • Chief Justice Martha Koome has made a momentous decision to appoint a three-judge bench to hear and determine the petition concerning the Finance Act 2023.
  • Their contention is that the Act was hastily passed in parliament without sufficient public participation.

Chief Justice Martha Koome has made a momentous decision to appoint a three-judge bench to hear and determine the petition concerning the Finance Act 2023.

The selected panel consists of Justices David Majanja (Presiding), Lawrence Mogambi, and Christine Meoli, who are now tasked with setting a date for the hearing.

The Finance Act 2023 came under scrutiny when Justice Mugure Thande suspended it and directed the case file to be presented before the Chief Justice for further guidance.

The petitioners, Busia Senator Okiya Omtatah and the Azimio la Umoja-One Kenya coalition have sought intervention from the high court to prevent the operationalization of the Act.

Their contention is that the Act was hastily passed in parliament without sufficient public participation.

They believe that implementing the Act would have adverse effects on the lives of many Kenyans who are already suffering.

The government, represented by Attorney General Justin Muturi, raised preliminary objections to dismiss the petitions.

However, Justice Thande rejected these objections, emphasizing the significance of the issues raised by the petitioners and the necessity for a fair hearing.

Consequently, Justice Thande extended the conservatory orders, effectively suspending the Finance Act 2023 until the three-judge bench hears and determines the case.

Chief Justice Koome's decision to appoint a specialized bench underscores the judiciary's commitment to a fair and transparent process. It reflects the importance of addressing public concerns and upholding the principles of justice and accountability.

As Justices David Majanja, Lawrence Mogambi, and Christine Meoli prepare to schedule the hearing, the nation awaits the outcome of this critical legal battle.

The ruling on the Finance Act 2023 will have far-reaching implications for Kenya's financial landscape and its citizens.

With the Finance Act 2023 as a focal point of discussion, the high court's proceedings will be closely observed by the public.

As the case unfolds, many citizens hope for a just and equitable resolution that considers the concerns raised by the petitioners while upholding the rule of law.