Court Of Appeal Classifies Omtatah’s Application Against Finance Act 2023 Urgent

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Court Of Appeal Classifies Omtatah’s Application Against Finance Act 2023 Urgent

The Court of Appeal has deemed Busia Senator Okiya Omtatah’s request to lift the stay orders granted under the Finance Act 2023 as a matter of urgency.

The applicants contend in legal documents that the judges made a legal and factual error by assuming jurisdiction they did not possess.

Additionally, they argue that the high court’s order to stay proceedings was unconstitutional and undermined the constitution.

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“The stay orders amount to a delay in delivering justice. The discriminatory housing levy places a financial burden on a specific segment of the population. And the continued discrimination will exacerbate their economic challenges” the papers read.

They assert that the adverse effects of the unconstitutional and illegal housing levy cannot be adequately redressed through monetary compensation.

Likewise, they contend that the ongoing breach of constitutional and national legislative mandates by the government will inflict substantial harm and loss upon the citizens of Kenya.

Omtata and the three co-applicants maintain their intention to challenge the entire decision of the high court through an appeal.

Their aim is to secure the required remedies to prevent any potential rendering of the intended appeal ineffective.

“The intended appeal is arguable and has high chances of success,” they argue.

Towards the end of this year, the supreme court deemed the Finance Act 2023 as unconstitutional, rendering it null and void. Nevertheless, they granted temporary stay orders that will remain in effect until January 10, 2024.

In Other News: Orengo bans UDA party officials from speaking in any function he attends

Court Of Appeal Classifies Omtatah’s Application Against Finance Act 2023 Urgent

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