The National Assembly and other appellants will today argue their appeal on the Finance Act 2023 before the full seven judge bench of the Supreme Court of Kenya.
- •The hearing comes after the recent Supreme Court Ruling that temporarily suspended the Appellate Court decision that had invalidated the Act; pending the hearing and conclusion of the current Appeal.
- •The Finance Act 2023 legally remained in force in the current FY 2024/2025, after collapse of the Finance Bill 2024.
- •The other appellants also scheduled to highlight their arguments through their legal teams are the Speaker of the National Assembly, the Cabinet Secretary for National Treasury and Planning, the Attorney General and the Kenya Revenue Authority.
The Respondents in the Appeal include Busia Senator Okiya Omutata and 52 others including the International Commission of Jurists, Katiba Institute and the Kenya Human Rights Commission.
Last month, the Supreme Court allowed the government to continue collecting revenue under the Finance Act 2023. The Judges issued conservatory orders temporarily suspending portions of Appellate Court decision dated July 31, 2024, which declared Finance Act, 2023, unconstitutional on account of cited procedural flaws in its enactment.
Why it Matters
The Finance Act 2023, legally remained in force in the current Financial Year, after National Assembly voted in agreement with the President’s recommendation to delete all Clauses of Finance Bill 2024.
The last month’s ruling by the Supreme Court means key government programs will not suffer any further budget cuts other than those espoused in the recently enacted Supplementary Appropriations Act 2024, which re-aligned Government spending in current Financial Year to projected Revenue collections as guided by Finance Act 2023, following collapse of Finance Bill 2024.
Among key Government services which had been ring-fenced in Supplementary Act 2024 – and which will now continue on course following Supreme Court Ruling – is hiring of Junior Secondary School (JSS) Teachers, capitation for Primary and Secondary Education, University funding for scholarships and loans as well as bursaries for Higher and Basic Education
Government Continues Raising Revenue as Per Finance Act 2023 (kenyanwallstreet.com)