In Summary
- Suspension on the enactment of the Finance Act 2023 has triggered mix reactions amongst Kenyans.
- The court noted that there will be serious irreversible economic consequences if the stay of the conservatory orders is not granted.
Move by Court of Appeal to lift the suspension on the enactment of the Finance Act 2023 has now triggered mix reactions among Kenyans.
Most of those who are employed do not support the decision saying it will drain their pay while those who supports it have pegged their defense on human capital and jobs that are likely to be a created by affordable housing projects.
Reactions
‘’We want to register our disappointment with the move because it will hit us in the pocket…the policy that is there in the Finance Act is oppressive and should be repealed, how do you target almost a half a salary of an employee? It should be fought to the end.” Nairobi County employee told Ghetto Radio News.
”Hao Wasee wanalia wako salo sisi hatuna anything so tukipata kitu at least inaeza create wera kama hizo affordable housing rais anataka kujenga then tunaisupport.so sioni kama Court Ina noma yoyote.” Antony from Kariadudu Ruaraka stated .
Court of Appeal Ruling
In a ruling made today by a three bench Judge the court was convinced by the state on the need to lift the suspension.The Court agreed that there will be serious and irreversible economic consequence if the suspension of the earlier orders is not lifted as argued by the Treasury Cabinet secretary Njuguna Ndugu
“We are persuaded that the applicants have satisfied the twin principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge,” the ruling reads in part.
Justice Mohamed Warsame, Kathurima M’Inoti and Hello Omondi on Friday ruled that they were persuaded that the applicants have satisfied the principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge.
“The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on July 10, 2023, suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal,” the judges ruled.
