High Court Judge Mugure Thande has rejected the request to set aside the suspension orders on the Finance Act 2023.
The judge’s ruling was based on the petitioners’ ability to demonstrate a compelling case, and emphasized that lifting the orders would have severe consequences for the general public.
Judge Thande stated, “The petitioners have successfully presented a strong case…there is undeniable merit in upholding the conservatory orders.”
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This decision highlights the importance of preserving the status quo until a comprehensive examination of the matter can be conducted.
Additionally, Judge Thande directed the transfer of the case file to Chief Justice Martha Koome for the formation of a three-judge panel, responsible for adjudicating and reaching a verdict on the issue at hand.
By involving a panel, the court aims to ensure a fair and thorough assessment of the case.
While declining to delve into the specifics of the case, Judge Thande stressed the potential risks of rendering the entire proceedings futile and merely an academic exercise if the suspension orders were lifted.
Furthermore, the judge expressed concerns regarding the implications of removing the conservatory orders, as it could subject the public to potentially unconstitutional laws that have been challenged in the petition.
The case in question revolves around a legal challenge to the constitutionality of the Finance Act 2023, led by Busia Senator Okiya Omtatah and several others. They argue that the Act violates fundamental constitutional principles and protections.
On the other hand, the state, represented by the Attorney General’s legal team led by Githu Muigai, requested the court to lift the suspension orders granted two weeks ago.
However, their motion was denied by Justice Thande, who acknowledged the importance of maintaining the suspension in order to safeguard the public’s interests.
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