The Supreme Court has declined to set aside Court of Appeal orders that lifted the suspension of the Finance Act 2023 and dismissed a case filed by Busia Senator Okiya Omtatah.
Omtatah and three other petitioners moved to the apex court after the Court of Appeal lifted High Court judge Mugure Thande's orders of June 30 suspending the implementation of the Finance Act 2023.
Treasury CS Njuguna Ndung’u argued that the government lost half a billion shillings daily, following the High Court freeze.
The Supreme Court bench however dismissed the appeal arguing it was filed out of time.
"The four sets of written submissions filed out of time by the applicants on August 15, 2023, on the court's online platform are hereby struck out and the applicant's notice of motion dated August 5, 2023, is hereby dismissed," the bench said in a ruling delivered on Friday, September 8.
All the Supreme Court judges led by Chief Justice Martha Koome, Deputy CJ Philomena Mwilu and judges Mohamed Ibrahim, Smokin Wanjala, Njoki Ndungu, Isack Lenaola and William Ouko heard the petition.
