In Summary
- The apex court rejects the petition filed by Okiya Omtatah and 6 others
- The Supreme Court observed no merit in Okiya’s petition
The Supreme Court of Kenya has dismissed Busia Senator Okiya Omtatah’s petition which contested the Court of Appeal’s lifting of conservatory orders barring the implementation of the Finance Act 2023.
“The four sets of written submissions filed out of time by the applicants on 15th August 2023 on the Court’s online platform be and are hereby struck out,” read the judgement in part.
Omtatah had declared his intention to challenge the Court of Appeal’s ruling which lifted conservatory orders barring the implementation of the Finance Act 2023, at the country’s highest court.
In a notice of appeal filed by Omtatah and six other petitioners, the activist wants the highest court in the country to quash a ruling made by Justice Mohammed Warsame on Friday, July 28 that allowed the Finance Act to be implemented, pending the hearing and determination of the appeal.
“The four sets of written submissions filed out of time by the applicants on 15th August 2023 on the Court’s online platform be and are hereby struck out,” read the judgement by the Supreme Court in part.“The responses and/or submissions filed out of time by the 1st, 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 Supreme Court had observed that there was no merit regarding the arguments presented by Senator Omtatah, in particular the effects of the Finance Act being suspended.
The Judges sided with the Court of Appeal by stating that suspending the Finance Act would have adverse effects on the economy as well as members of the public.
The top court also observed that Omtatah misapprehended the tenor of this Court’s decision in Bia Tosha 2020, which was widely cited as the basis of the appeal.
