File image of President William Ruto.
The Law Society Of Kenya (LSK) has moved to court to challenge the new taxes contained in the Finance Act, 2023.
In a petition by Lawyer Noel Ngoloma Okwach, LSK is challenging the constitutionality of the whole Act, arguing that the new taxes will hit Kenyan employers hard amid rising unemployment.
“We are seeking the court to issue orders prohibiting the government from implementation, further enforcing section 10 (2) (3) of the Income Tax Act as amended by Section 7 of the Finance Act 2023,” the petition read in part.
“This Court ought to safeguard the people’s right to life which is on the verge of being rendered meaningless since their opportunity to make a living is under threat by the impugned Section 7, 33 (a)and 84 of the Finance Act.”
The society also accused the National Assembly of ignoring views from Kenyans during the public participation exercise conducted when enacting the act.
“There exists no rationale whatsoever as to why the government through the National Assembly would force its citizens to contribute to a mandatory scheme in a country where a majority of its citizens are already grappling with harsh economic times due to the existence of multiple layers of taxes,” LSK further stated.
The petition comes days after the Court of Appeal lifted the orders stopping the implementation of the Finance Act 2023.
Busia Senator Okiya Omtatah had moved to court to block the ACT due to a raft of new taxes that will slash employees’ payslips.
Omtatah also opposed the Housing Finance saying it was not constituted legally.
Also Read: Court of Appeal Lifts Conservatory Orders on Finance Act 2023, Granting President Ruto a Major Win
