In a highly anticipated legal showdown, Kenyans eagerly await the outcome of the contentious Finance Act 2023, which is scheduled for a crucial judgment on November 24, 2023. A distinguished panel of judges appointed by Chief Justice Martha Koome will render their verdict, determining the fate of this pivotal legislation.
The panel, consisting of Justice David Majanja (presiding), Justice Christine Meoli, and Lawrence Mugambi, recently concluded the exhaustive hearings, marked by the presentation of 12 petitions challenging the enactment of the Finance Act.
The petitioners’ legal representatives passionately raised several critical issues. These included the contentious housing levy and the process by which the bill was introduced before Parliament. Eminent senior counsels, including Otiende Amolo, Okong’o Omogeni, Professor Elijah Ongoya, and George Odinga, notably highlighted concerns regarding 22 of the 84 provisions tabled in the house. They argued that parliamentary committees insufficiently deliberated upon these provisions. Furthermore, they contended that the constitutional requirement for public participation had not been adequately fulfilled.
Solicitor General Shadrack Mose, Professor Githu Muigai, Mahat Somane, and Charles Mutinda mounted a robust defense in response to these allegations. They asserted that the Finance Act had undergone the standard legislative process and had been duly passed by parliament. In defense of their claims, they argued that public participation had occurred and presented compelling evidence to support their position. They urged the bench to dismiss the petitions and requested that the petitioners bear the associated legal costs.
In a related matter, the court will also address the issue of whether Daniel Kiptoo, the Director of the Energy Petroleum Regulation Authority, should face contempt of court charges. This application stems from allegations made by Kakamega Senator Okiya Omtatah, who contends that Kiptoo received a court order on July 3rd explicitly suspending any petroleum price increments.
Despite the court order, Kiptoo issued a notification for an increase in petroleum prices on the same day. This controversy will also be subject to the court’s scrutiny and subsequent ruling.
As the November 24th judgment date approaches, all eyes are on the High Court, where the destiny of the Finance Act of 2023 hangs in the balance, with significant implications for Kenya’s financial landscape.
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