Kenya Kwanza Gov't officials attack Judiciary over Finance Act ruling

Government officials who accompanied President William Ruto to Elgeyo Marakwet County lined up to attack the Judiciary following orders issued on Friday by the High Court to suspend the implementation of the new Finance Act 2023.

Prime Cabinet Secretary Musalia Mudavadi led in telling off the Judiciary, accusing the Chief Justice Martha Koome-led arm of the government of not adhering to the public interest principle.

“It is true that the Judiciary must be independent, and it is also true that its independence is guaranteed within the Constitution. But it is also important that the Judiciary becomes alive to what we call public interest. Public interest should always be taken into account when courts are pronouncing themselves on certain key matters,” said Mudavadi.

He said what was in contention was a procedural issue that could have attracted an alternative means of litigating other than suspending the Act as a whole.

Mudavadi argued that Kenya is racing against time as far as the resuscitation of the economy is concerned, citing that there is no time to engage a reverse gear on the issue of redefining the economic progress of this country.

“The issue in court is a procedural issue, not even substance in terms of the law but mere procedural issue. Whoever made this decision, I hope you will reflect because how can a procedural issue supersede public interest? It is not possible and it is not good for this country that public interest is taken for granted,” said the Prime CS.

Mudavadi was echoing Senate Majority Leader Aaron Cheruiyot’s position on the courts’ decision as far as the Finance Act is concerned.

The Kericho Senator had cited that the case presented by Busia Senator Okiya Omtatah was not a unanimous position of the Senate.

He thus distanced the Senate from the presentation by Omtatah claiming that there was no consensus between the National Assembly and the Senate in the passing of the Finance Bill that was signed into law by President William Ruto.

“As the Senate Majority Leader, I have spoken with the Speaker of the Senate, Amason Kingi. The Speaker has confirmed to me the steps that were undertaken under the law between him and the National Assembly Speaker as far as the Finance Act issue is concerned. There was 100% consensus.” said the Senator.

“Senator Okiya Omtata in his personal capacity, is not the Senate. Omtata wanted to be consulted as who on this matter?”

The leaders were speaking at Kapteren in Keiyo North when they joined President Ruto, Deputy President Rigathi Gachagua and other leaders at the thanksgiving ceremony for National Treasury Principal Secretary Chris Kiptoo.

Mudavadi calling on the courts as they exercise their mandate to also think of what is good for this nation and her people.

“President William Ruto has set the pace as far as where we want to take this country. Our first agenda is to turn around the economy and we cannot afford to take our eye off the ball. Kenyans are suffering, we cannot postpone the problem anymore. Our predecessors were postponing the problem every time and we want to cure it once and for all,” said the one-time Finance minister.

“I hope the Judiciary in its own wisdom will also make corrective action because Kenya is moving and it is racing against time. The economy recovery process is a race against time, the President has set the pace we cannot afford to lose any more time.”