The High Court has extended the Finance Act 2023 suspension.
Justice Mugure Thande in a ruling on Monday, July 10, said the Finance Act 2023 will proceed to a full trial at the Supreme Court.
She further ruled that if the bill is implemented, some Kenyans will unfairly be subjected to taxes.
“The petitioners have proved that they have a prima facie case there’s merit in granting conservatory orders,” the justice Thande ruled.
The judge in her ruling stated that public interest lay in the momentary suspension of the Finance Act and that the State would not be prejudiced.
Furthermore, Thande noted that the state failed to provide sufficient reasons to warrant lifting the orders.
As such the High Court has certified the matter for an expanded bench calling on Chief Justice Martha Koome to appoint judges to hear and determine the case.
The three-judge bench had suspended the implementation of the Finance Act 2023 on June 30, a day after it was set to come into force.
The petitioner, Busia Senator Okiya Omtatah said the finance law is unconstitutional and its implementation would subject Kenyans to great suffering.
Prof Githu Muigai, appearing for the State, had challenged the petition arguing that it risked plunging the country into a financial crisis.
He told the court that granting orders sought by the petitioners would trigger a constitutional crisis.