Justice David Majanja of the commercial division of the High Court will lead a three-judge bench empaneled by Chief Justice Martha Koome to determine the petition challenging the implementation of the Finance Act 2023.
Justice Mugure Thande has already issued orders suspending implementation of the Act awaiting determination of the matter.
Busia Senator Okiya Omtatah and six other petitioners including the Law Society of Kenya, had moved to court to have the new law declared unconstitutional arguing that the Finance Act 2023 was illegal as the bill did not pass through the Senate as envisioned by the law.
On June 30, Justice Thande issued conservatory orders staying the implementation of the Act pending further directions.
The state had pleaded with the court to lift the orders saying there is bound to be a crisis at the National Treasury.
On Monday last week, Justice Thande in her ruling said the state had not demonstrated to her satisfaction, grounds to warrant the setting aside of the orders of June 30.
“The petitioners had raised several grounds on which they claimed that the Finance Act is unconstitutional and my view is that were the court to set aside conservatory orders, the petition will be rendered a mere academic exercise,” Thande ruled.
She then certified the matter as one that raised a substantial question of law and thereby transmitted the file to the Chief Justice to assign a bench of not less than three judges to hear and determine the petition.
Yesterday, Chief Justice Martha Koome appointed Majanja, and justices Christine Meoli and Lawrence Mugambi to determine the petition.
The bench will be presided over by Majanja.
Meoli is a seasoned judge who was in July 2022, interviewed by the Judicial Service Commission to become a judge of the Court of Appeal. She did not succeed.
Mugambi on the other hand was until last year a chief magistrate at the anti-corruption division of the Milimani law courts in Nairobi before his promotion to become a judge.
The three judges will set a date to mention the matter for further directions.