Finance Act remains suspended as Court of Appeal declines to lift High Court order

The court directed parties to appear for a ruling on July 28, where court will determine whether conservatory orders suspending the implementation of the Finance Act will be lifted, as sought by Treasury CS Prof Njuguna Ndung’u.

The recent development follows the selection of a three-judge bench to hear and determine petitions challenging the Act.

On July 18, Chief Justice Martha Koome appointed High Court judge David Majanja (presiding judge), Lady Justice Christine Meoli and Justice Lawrence Mugambi to hear and determine the case.

In the case, Busia senator Okiya Omtatah and others moved to court to challenge the Finance Act 2023, saying that it was unconstitutional.

The Act raises VAT on petroleum products from 8% to 16% among a raft of other revenue-raising measures through taxes.