A fresh legal battle is looming between President William Ruto‘s administration and Busia Senator Okiya Omtatah after the lawmaker moved to court to halt the ongoing public participation on the Finance Bill 2024.
In documents filed before the Milimani Law Courts, Omtatah and Eliud Karanja Matindi argue that it is only after Parliament has procedurally enacted the Appropriation Act, 2024, that the Finance Bill, 2024, can lawfully be introduced in the National Assembly.
“It is only after Parliament has procedurally enacted the Appropriation Act, 2024, that the Finance Bill, 2024, can lawfully and constitutionally be introduced in the National Assembly and, with public participation, be considered and approved by Parliament, and signed into law by the President as the Finance Act, 2024,” read the court papers.
The petitioners said that they suspect that the National Assembly’s decision to enact the Finance Act 2024 before it enacts the Appropriations Act 2024 is a bold-faced fraud scheme.
Law On Public Finance Management Act
They said that it violated the provisions in Section 39 (4)(a) of the Public Finance Management Act, which requires the National Assembly to ensure that the total amount of revenue raised is consistent with the approved fiscal framework.
“So, in essence, there is no Finance Bill, 2024, without the fiscal framework contained in the Appropriations Act, 2024,” the court papers further read.
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However, the two referred Chief Justice Martha Koome to form a bench that will determine the matter that raises questions of law.
“Unless this court intervenes, there is no remedy when the legislative process is complete and the unlawful conduct in the course of the legislative process will by then have achieved its object especially because every statute enjoys the presumption of constitutionality,” read the court papers.
The Finance Bill 2024 has drawn widespread opposition as it proposes several taxes that opponents argue could cripple the economy.
Some of the concerns are on planned introduction of Value Added Tax – VAT on bread, raising VAT on mobile money services like MPESA and introduction of Motor Vehicle circulation Tax.
Omtatah On Previous Finance Bill
Back in 2023, the Busia Senator also moved to Court arguing that the piece of legislation contained amendments to several laws that had nothing to do with raising revenue.
Also Read: Air Operators Explain How Proposed Finance Bill Will Kill Industry
“Forcing employees to contribute an amount of money based on the applicable blanket deductible percentage without consideration of their existing contractual obligations on their salaries is not reasonable,” Omtatah said.
According to the senator, it was mandatory for a speaker of one House of Parliament to first seek the concurrence of the Speaker of the other House of Parliament before the Bill could be introduced for consideration in the originating House.
The legislator has challenged several policies implemented by the Kenya Kwanza administration, including the controversial Housing Levy.
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