(VIDEO) Okiya Omtatah vows to continue pursuing the Finance Act 2023 petition

The Busia County Senator, Okiya Omtatah, has expressed his determination to continue pursuing the Finance Act 2023 petition until justice is achieved.

The High Court had initially imposed a ban on the Finance Act 2023. However, the Court of Appeal lifted this ban on July 28.

As a result of the Court of Appeal’s decision, Omtatah proceeded to appeal the case to the Supreme Court.

The Senator had originally filed the case on June 2, raising concerns about specific sections of the Finance Bill 2023. He argued that these sections could potentially infringe upon citizens’ right to property, and access to justice, and violate the Constitution in a broader sense.

Omtatah emphasized that the power to levy taxes is not absolute and is granted by the people to the executive branch, which in turn delegates it to the parliament.

He referred to Articles 209 and 210 of the Constitution, which outline that taxation can only be enacted as outlined by the legislation, and this authority cannot be transferred to any other entity.

The High Court’s initial ban on the Finance Act 2023 was overturned by the Court of Appeal on July 28. Consequently, the provisions related to the addition of a housing levy (equal to 1.5% of gross salary from both employers and employees) and updated taxation tables are now effective.

 

VIDEO BY RICHARD MUGUTI

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