- The Judge further directed Omatatah and the other applicants to serve the notice together with the submissions to the respondents by Wednesday 5pm.
- The other applicants include Eliud Karanja Matindi, Benson Odiwour Otieno and Blair Angima Oigoro.
Image: FILE
Supreme Court Judge Njoki Ndungu has referred the Finance Act 2023 appeal filed by Busia Senator Okiya Omtatah to Chief Justice Martha Koome.
Omtatah and three others had filed an application for appeal against the lifting of the suspension on the implementation of the Finance Act 2023.
In orders issued on Tuesday, Ndungu certified the matter as urgent.
"It is hereby ordered that the Notice of Motion application dated 5th August 2023, be placed before the Chief Justice and President of the Supreme Court for empanelment of a bench to hear and determine the application," she ordered.
The Judge further directed Omatatah and the other applicants to serve the notice together with the submissions to the respondents by Wednesday 5pm.
The other applicants include Eliud Karanja Matindi, Benson Odiwour Otieno and Blair Angima Oigoro.
The respondents are listed as the Treasurer CS, Attorney General, National Assembly, Speaker of the National Assembly, and KRA Commissioner General.
Others are the Senate, Consumer Federation of Kenya (COFEK), Kenya Export Floriculture, Horticulture and Allied Workers Union, Michael Kojo Otieno, Victor Okuna and Florence Kanyua Lichoro.
The respondents are required to file and serve their responses with submissions within seven days of receipt of the notice.
Omtatah and the others were also directed to file any other rejoinders within seven days from the service of the responses.
"All documents shall be filed both in hard and soft copies. Hard copies shall be eight in number," Ndungu said.
The applicants had previously expressed their dissatisfaction with the ruling of the Court of Appeal given in Nairobi on July 28, 2023.
The Court lifted an order issued last month suspending the implementation of the Finance Act 2023 after Treasury CS Njuguna Ndung'u argued that the government loses half-a billion shillings daily, following the freeze.
Justices Mohammed Warsame, Kathurima M’Inoti and Hellen Omondi ruled that the Finance Act has a life span of 90 days beyond which the next budgetary cycle is set in motion.
“We have no doubt in our mind that the Finance Act and the Appropriation Act are interdependent. While the former provides for the generation of the funds, the latter provides for the expenditure. There can be no expenditure where the mode of generation of the funds has not been provided for,” the judges said.