Finance Act –The Supreme Court has dismissed the case challenging the lifting of conservatory orders by the Court of Appeal on 28th July 2023 on the Okiya Omtatah Finance Act case.
Sitting in Nairobi today, the court marked the end of the Omatah case against the William Ruto’s government over the Finance Act.
This verdict following the Court of Appeal decision last month that lifted a High Court order barring the implementation of the Finance Act after the Treasury argued that the country stands to lose more.
The Treasury will now continue collecting the new taxes including adjusted Value Added Taxes and Housing Levy as contained in the Finance Act 2023. The new VAT rates are 16 percent from 8 percent.
“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.
“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 judgment read in part.
In their reasoning, the Judges explained that suspension of the Act, just as it was observed by the Court of Appeal would be a major blow to the running of the country.
In the ruling today, the Judges also noted that they were guided by principle of public interest, especially due to the fact that the matter at hand involves many people, most of who are not parties to the case.
Reacting to the ruling, the petitioner Mr Omtatah only said the court had decided on his matter and shared the ruling on his Twitter.
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