Blow to Ruto as court refuses to overturn orders suspending Finance Bill

The High Court has declined to lift an earlier order to set aside orders on the Finance Bill 2023.

In a ruling delivered Monday afternoon, Justice Mugure Thande also agreed with the petitioners that the case raises substantial constitutional issues.

The judge ruled that the petioners have proved that they have a case adding that if the orders were to be lifted the public stands to suffer.

“The petioners have proved that they have a prima facie case….there’s merit in granting conservatory orders,” the judge noted

The judge further directed that the file be forwarded to chief justice Martha Koome to appoint a three judge bench who will hear and determine the matter.

The State, however, asked the court what happens to the three arms of government in the interim. It argued that the orders as issued throw the State into limbo amid concerns over revenue mobilisation and expenditure approval.

But the defence, lawyer Otiende Amollo disagreed with this.

“It is already 12 days since you suspended Finance Act 2023 and the government has not shut down. Our colleagues should stop scare mongering. The law provides for mechanisms of continuity through Finance Act 2022. All that has stopped are the new taxes,” Mr Amollo said.

In the case, Busia senator Okiya Omtatah and others moved to court to challenge the Finance Bill 2023 saying that it’s Unconstitutional.

The State through the AG lawyers led by Githu Muigai wanted the orders granted two weeks ago lifted.