Supreme Court justices have issued a stark warning to Busia Senator Okiya Omtatah, cautioning him against showing disrespect towards the Judiciary. They have cited Omtatah for his derogatory comments, which they consider contemptuous.
Omtatah has garnered attention due to his petition against the Finance Act of 2023, which he challenged in the High Court.
On June 30, High Court Judge Mugure Thande issued conservatory orders suspending the Act’s implementation, dealing a significant blow to the government’s new tax measures.
However, the state received relief when Court of Appeal judges Mohammed Warsame, Kathurima M’Inoti, and Hellen Omondi lifted these orders, much to Senator Omtatah’s displeasure.
In an attempt to reinstate Mugure Thande’s orders, Omtatah brought the matter to the Supreme Court, but the apex court dismissed his appeal, citing untimeliness.
Chief Justice Martha Koome, Deputy CJ Philomena Mwilu, and Justices Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isack Lenaola, and William Ouko of the Supreme Court have expressed their concerns regarding Omtatah’s behavior. They referenced a viral video in which he derogatorily named the judges.
The judges stated emphatically, “We must remind parties that the dignity and authority of this court, and indeed any court of law, should not be taken for granted.”
Omtatah had commented on the appeal even while it was still pending before the judges.
The judges made it clear that they would not hesitate to take action against anyone whose conduct interferes with the course of justice or deliberately undermines the court’s authority and dignity in any pending matter. They found the message conveyed in the video clip to be insulting.
In a ruling issued on Friday, September 8, 2023, the judges asserted, “We find the message delivered in that video clip contemptuous and debasing of the dignity of this court.”
Just last month, Omtatah criticized High Court judges David Majanja, Christine Meoli, and Lawrence Mugambi, who were hearing the Finance Act petition, claiming their ruling was against the public interest.
During the proceedings, Omtatah sought to cross-examine National Assembly Speaker Moses Wetang’ula and Senate Speaker Amason Kingi regarding their affidavits.
Wetang’ula and Kingi had submitted affidavits asserting the concurrence between the Senate and the National Assembly in passing the Finance Bill 2023, which has since become law.
However, the judges denied Omtatah’s request, leading to his outburst. Despite the court’s ruling, Omtatah insisted that it was essential for the speakers to be cross-examined.
Justice Majanja, the presiding judge, intervened, stating firmly, “Please, Mr. Omtatah, we have made a ruling.”
Omtatah continued, asserting that the speakers had made false claims fundamental to the hearing and that it was only fair for them to be cross-examined.
However, Justice Majanja reiterated that the court had decided on the matter.
The judges are currently presiding over consolidated petitions challenging implementation of the Finance Act of 2023.
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