Court of Appeal lifts suspension on Finance Act 2023


The country will no longer lose sh.578 million daily in taxes because of the suspension of the Finance Act, 2023.

This is after the Court of Appeal on Friday lifted conservatory orders barring the Act.

The Court said the appeal filed by the state through Treasury Cabinet Secretary Njuguna Ndung’u had merit.

“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 10th July 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,” read the ruling.

While giving the ruling in Nairobi, the Appellate judges ruled that lifting the orders were in the interest of the public.

“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,” ruled the Appellate judges.

The enactment of the Finance Act 2023 was suspended following a petition by Busia Senator Okiya Omtatah and others.

President William Ruto assents to the Finance Bill 2023 at State House in Nairobi./STATEHOUSE

The first application dated 26th June 2023 was filed before the High Court, seeking in effect, conservatory orders be issued suspending the Finance Act 2023 and the clauses of the Act that were ‘sneaked’ in, not having been in the Bill and those that required but did not obtain input by the Senate.

Justice Mugure Thande issued the conservatory orders on 30th June 2023,

The second application was filed on 30th June 2023 by the National Assembly and the Speaker of the National Assembly seeking to suspend the orders made on 30th June 2023 suspending the entire Finance Act.

A third application was made on 1st July 2023 by the applicants herein also seeking to vary or set aside the orders issued on 30th June 2023 by Justice Thande.

On 10th July, Justice Thande declined to lift the conservatory orders and referred the case to Chief Justice Martha Koome to form a three-judge bench for further orders.