Supreme Court suspends decision nullifying Finance Act, 2023

Judges in issuing the order considered the uncertainty regarding the revenue-raising measures.

In Summary
  • The Supreme Court judges in issuing the order considered the uncertainty regarding the revenue-raising measures and difficulty that may arise in the operations of the two levels of government.
Gravel.
Gravel.
Image: FILE

The Supreme Court has suspended a decision that declared the Finance Act 2024 as unconstitutional pending the determination of an appeal filed by Treasury CS.

The Supreme Court judges in issuing the order considered the uncertainty regarding the revenue-raising measures and difficulty that may arise in the operations of the two levels of government.

"We are not convinced that the consequences of declaring the entire finance act as unconstitutional would be reversible should the appeal ls before us be successful," said the Judges.

In addition, the Apex court said public interest tilts in favour of granting the order sought by the Treasury to maintain stability in the budget and appropriation process pending the determination of the appeal.

 

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