High Court Judge Mugure Thande has rejected the request to revoke the orders suspending the Finance Act 2023, stating that the petitioners have successfully demonstrated the existence of a valid case. The judge emphasized that if the orders were lifted, it would be detrimental to the public.
“The petitioners have presented sufficient evidence to establish a prima facie case…there is merit in upholding the conservatory orders,” remarked the judge.
Furthermore, the judge instructed that the case file be referred to Chief Justice Martha Koome, who will appoint a three-judge panel to handle and resolve the matter.
While refraining from examining the merits of the case, the judge cautioned that failure to maintain the conservatory orders would render the case futile and merely an academic exercise.
Likewise, the judge expressed concern that lifting the conservatory orders would be contrary to the public’s best interest, as it would expose them to potentially unconstitutional laws that have been challenged.
In this particular case, Busia Senator Okiya Omtatah and others approached the court to contest the constitutionality of the Finance Act 2023.
On the other hand, the state, represented by the Attorney General’s legal team led by Githu Muigai, sought to have the orders granted two weeks prior lifted.
