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Tag: Senator Okiya Omtatah

  • Supreme Court dismisses Omtatah’s appeal on Finance Act ruling

    Supreme Court dismisses Omtatah’s appeal on Finance Act ruling

    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.

  • High Court to hear case on implementation of Finance Act 2023

    High Court to hear case on implementation of Finance Act 2023

    The High Court is today (Monday) expected  to hear a case filed by Senator Okiyah Omtata challenging the implementation of the Finance Act 2023.

    Last week, the high court extended conservatory orders suspending implementation of the Finance Act 2023 for a further  five days.

    Okiya Omtatah challenged the implementation of the Finance Act on grounds that the Senate was not involved in the passing of the controversial law.

    Omtatah also filed a contempt application against the Energy and Petroleum Regulatory Authority (EPRA) which he wanted to be found in contempt of court for enforcing the new fuel prices despite the implementation of the Act having been suspended by the court.

    President William Ruto, assented  the Finance Bill 2023 into law on Monday, June 26, 2023.

  • Senator Omtatah seeks to cross examine Speaker Kingi on Finance Bill Affidavit

    Senator Omtatah seeks to cross examine Speaker Kingi on Finance Bill Affidavit

    Busia County Senator Okiya Omtatah has filed an application seeking to cross examine Senate Speaker Amason Kingi over his affidavit on Finance Act 2023.

    The Senator argues that Kingi’s affidavit contains allegations that are based on imagination.

    “The petitioners intend to cross-examine Rt. Hon. Amason Jeffah Kingi, EGH, the Speaker of the Senate, to expose the errors, falsehoods, contradictions and improbabilities in his affidavit sworn on 1st July 2023,” reads court documents

    According to Omtatah, it is crucial to cross examine the evidence by Kingi in order to make an informed decision on the petition.

    The Senator argues that the letter by the speaker does not negate the constitutional requirement for concurrence by the two Houses of Parliament on Bills, including whether they affect counties and their governments.

    Omtatah further claims that the letter by Kingi raises questions as to whether it is secretive and solely at the discretion of the two Speakers and at what point it is considered that the two Houses have concurred.

    “Among the evidence the petitioners presented was a legally very sound letter from the Rt. Hon. Amason Jeffah Kingi, EGH, the Speaker of the Senate, expressing the Senate’s and his concern that the Bill had not undergone the mandatory concurrence of the two Speakers of Parliament as required by Article 110(3) of the Constitution,” reads court document.

    In his affidavit, Kingi claims that the letter cited by Omtatah was sent in error adding that the conservatory orders issued by the court suspending the Finance Act 2023 is against public interest.

    According to the speaker the government stands or suffer grave prejudice for the revenue lost in uncollected taxes owing to the suspension of the implementation of the Finance ACT 2023.

    Last week, the court temporarily suspended the operationalization of the Finance Act 2023 pending a case filed in court by Omtatah.

    The case is set to be mentioned on Wednesday for further directions.