In a significant victory for President Ruto and his government, the Court of Appeal has made a ruling to lift conservatory orders that had been barring the implementation of the controversial Finance Act 2023.
The decision came after the government, represented by Treasury Cabinet Secretary Njuguna Ndungu, filed an appeal against the suspension, arguing that it had met the necessary requirements for the orders to be granted.
The Court of Appeal, led by judges Mohammed Warsame, Kathurima M’inoti, and Hellen Omondo, stated that the applicants had satisfied the twin principles necessary for the orders to be granted.
Additionally, they emphasized that the public interest favored setting aside the conservatory orders issued by the trial judge.
The court recognized that failure to grant the stay of the conservatory orders would result in serious and irreversible economic consequences.
The Finance Act 2023 had been temporarily suspended by the High Court on June 30, pending the outcome of a petition filed by Senator Okiya Omtatah and six other activists.
However, the government contended that this suspension was negatively affecting its operations, prompting them to seek an appeal.
With the conservatory orders lifted, the government can now proceed with implementing the Finance Act 2023.
This Act, which had been at the center of a heated public debate, contains significant financial and economic measures that will have far-reaching implications for the country.
The Court of Appeal has set a timeline for the appeal to be heard and determined within 60 days, indicating a commitment to resolving the matter promptly.
This decision is likely to bring both relief and concern to various stakeholders as they await the final verdict on the Finance Act 2023.
