The Supreme Court has dismissed the appeal by Busia Senator Okiya Omtatah challenging the Court of Appeal’s ruling that lifted orders barring the implementation of the Finance Act, 2023.
In a ruling delivered on Friday, the apex court argued that it lacks jurisdiction to entertain the said application, adding that it is not convinced that the decision of the Court Appeal has occasioned grave injustice within its jurisdiction
“The intended appeals before the Court of appeal have since been filed and are to be disposed within 60 days of the impugned ruling. Furthermore, the hearing of the amended petition before the High Court is scheduled to commence this September, 2023,” the judges stated.
The court also struck out four sets of written submission filed by the applicants on 15th August, 2023.
“The responses and/or submissions filed out of time by the 1 st, 2nd, 3rd, 4th, 5th, 8th and 9th respondents be and are hereby struck out. The applicants’ Notice of Motion dated 5th August, 2023 be and is hereby dismissed. There shall be no orders as to costs,” the judges ruled.
In July, the Appellate Court lifted orders by the High Court suspending the implementation of the Finance Act, 2023.
The appellate court ruled that the government, who appealed the suspension through the Treasury Cabinet Secretary Njuguna Ndung’u, would suffer irreversible economic consequences if the stay of the conservatory orders is not granted.
