Kenya Kwanza administration officials have criticized the Judiciary following orders by the High Court to suspend the implementation of the Finance Act 2023.
Prime Cabinet Secretary Musalia Mudavadi accused the Judiciary of not adhering to the public interest principle.
“It is true that the Judiciary must be independent, and it is also true that its independence is guaranteed within the Constitution. But it is also important that the Judiciary becomes alive to what we call public interest. Public interest should always be taken into account when courts are pronouncing themselves on certain key matters,” said Mudavadi.
According to the Prime CS, what was in dispute was a procedural issue that could have attracted an alternative means of litigating other than suspending the Act as a whole.
He further noted that the country is racing against time to revive the economy, adding that there is no time to engage a reverse gear on the issue of redefining the economic progress of this country.
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“The issue in court is a procedural issue, not even substance in terms of the law but mere procedural issue. Whoever made this decision, I hope you will reflect because how can a procedural issue supersede public interest? It is not possible, and it is not good for this country that public interest is taken for granted,” said the Prime CS.
Moreover, Senate Majority Leader Aaron Cheruiyot’s stated that the case presented by Busia Senator Okiya Omtatah was not a unanimous position of the Senate.
He further distanced the Senate from Okiya Omtatah’s petition claiming that there was no consensus between the National Assembly and the Senate in the passing of the Finance Bill2023.
“Senator Okiya Omtatah in his personal capacity, is not the Senate. Omtatah wanted to be consulted as who on this matter?” Cheruiyot stated.
The Kenya Kwanza government officials made these remarks during the thanksgiving ceremony for National Treasury Principal Secretary Chris Kiptoo at Kaptaren where they accompanied President Ruto and Deputy President Gachagua.
Nonetheless, Musalis Mudavadi urged the courts that even as they exercise their mandate, they should also think of what is good for this nation and her people.
“President William Ruto has set the pace as far as where we want to take this country. Our first agenda is to turn around the economy and we cannot afford to take our eye off the ball. Kenyans are suffering, we cannot postpone the problem anymore. Our predecessors were postponing the problem every time and we want to cure it once and for all,” said the Prime CS.