In Summary
- In his submission, Omtatah argued that the bill which has been generating uproar across the country is unconstitutional and thus sought the help of the court
- Omtatah argued that the Senate and the National Assembly should have debated the Bill first before tabling it
Busia Senator Okiya Omtatah, has moved to the High Court to challenge the contentious proposed Finance Bill of 2023.
In his submission, Omtatah argued that the bill which has been generating uproar across the country is unconstitutional and thus sought the help of the court.
Among the issues, Omtatah highlighted in his petition were the mandatory salary deductions to support President William Ruto’s Affordable Housing agenda, which he argued that it was not a must for Kenyans.
Omtatah argued that the Senate and the National Assembly should have debated the Bill first before tabling it.
“Section 76 of the Bill threatens socio-economic rights (Article 43) to the extent that, if made law, the fund will require a 3 per cent reduction in basic salary for employees and a 3% contribution from employers, thereby reducing worker’s purchasing power as it increases business operating costs.
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“Section 76 of the Bill threatens the freedom to own property (Article 40(1)) by proposing to compel civil servants to participate in a mandatory tax scheme disguised as a means to facilitate property acquisition,” the Busia Senator added.
Omtatah went ahead to sue the National Treasury Cabinet Secretary Njuguna Ndung’u and Attorney General Justin Muturi arguing that they served as advisors to the current government.
“The Treasury has been sued herein for having violated Articles 3(1) and 153(2)(a) of the Constitution by presenting to the National Assembly the Finance Bill 2023 parts of which threaten to violate express provisions of the Constitution of Kenya 2010 and the principles of natural justice, and to undermine Kenya’s economic organisation,” the petition read in part.
