Busia County Senator Okiya Omtatah has filed an application seeking to cross examine Senate Speaker Amason Kingi over his affidavit on Finance Act 2023.
The Senator argues that Kingi’s affidavit contains allegations that are based on imagination.
“The petitioners intend to cross-examine Rt. Hon. Amason Jeffah Kingi, EGH, the Speaker of the Senate, to expose the errors, falsehoods, contradictions and improbabilities in his affidavit sworn on 1st July 2023,” reads court documents
According to Omtatah, it is crucial to cross examine the evidence by Kingi in order to make an informed decision on the petition.
The Senator argues that the letter by the speaker does not negate the constitutional requirement for concurrence by the two Houses of Parliament on Bills, including whether they affect counties and their governments.
Omtatah further claims that the letter by Kingi raises questions as to whether it is secretive and solely at the discretion of the two Speakers and at what point it is considered that the two Houses have concurred.
“Among the evidence the petitioners presented was a legally very sound letter from the Rt. Hon. Amason Jeffah Kingi, EGH, the Speaker of the Senate, expressing the Senate’s and his concern that the Bill had not undergone the mandatory concurrence of the two Speakers of Parliament as required by Article 110(3) of the Constitution,” reads court document.
In his affidavit, Kingi claims that the letter cited by Omtatah was sent in error adding that the conservatory orders issued by the court suspending the Finance Act 2023 is against public interest.
According to the speaker the government stands or suffer grave prejudice for the revenue lost in uncollected taxes owing to the suspension of the implementation of the Finance ACT 2023.
Last week, the court temporarily suspended the operationalization of the Finance Act 2023 pending a case filed in court by Omtatah.
The case is set to be mentioned on Wednesday for further directions.