Activist Okiya Omtatah remains resolute in his fight against the implementation of the Finance Act 2023, even after the Court of Appeal lifted the suspension on its implementation.
“The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on July 10, 2023, suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. Costs shall abide by the outcome of the appeal,” Justice Mohammed Warsame stated.
In an interview with Kenyans.co.ke, Omtatah stated that his focus now shifts to ensuring that the contentious sections of the Act are quashed during the full hearing and determination of the case.
Omtatah’s application challenges the constitutionality of the law, and he is determined to see the contentious sections, particularly those related to the Housing Levy, repealed.
He argues that these provisions violate the right to equality and the right to property, and no citizen should be compelled to contribute money in a manner that resembles fundraising for the government.
While refraining from directly criticizing the Court of Appeal judges, Omtatah affirmed that the High Court’s decision to suspend the implementation of the Finance Act 2023 was the right move.
He believes that the government’s claims that the suspension affected revenue collection for development projects are unfounded, as tax agencies continue to receive taxes even with the Act suspended.
Omtatah further contends that the Finance Act 2023 will disproportionately affect the poor and vulnerable, many of whom voted for President William Ruto and his Kenya Kwanza government.
