- Three petitioners moved to court to seek nullification of the already implemented Finance Act, 2023
- Prof Fred Ogola represented Linda Jamii Initiative before the court telling David Majanja led team to resonate with wounded citizens
- The Finance Law, which was backdated to 1st July, has caused jitters both public and private sector
Seven civil society organisations have on Wednesday 13th September, defended their petition they launched against the implementation of Finance Act 2023 at Milimani Law courts
In his submission before the three bench judges hearing the petition; David Majanja, Christine Meolo and Lawrence Mugambi, the petitioners represented by Prof Fred Ogola, stated that the act was totally unconstitutional and shouldn’t have been lifted
The scholar cited that the implementation of the said law, violated, Article 43(1) on the bill of rights, which clearly states that every Kenyan has the right to be free from hunger and to and to have adequate food of acceptable quality
“Forcing employees to contribute to such unrealistic and unreasonable funds is directly denying them or otherwise subjecting them to hunger and also cause serious lack of proper sanitation,” Prof Fred Ogola told the Judges before the bench
Ogola stated that the move of forcing already suffering and oppressed Kenyans to more taxation, has a negative ramifications to the nitty-gritty of worker’s status conditions
“We urge this court to listen to our prayers and grant Kenyans what is right. This court should not prey pretty with the executive while those who contributes to the growth of the country are overburdened,” He added
The act, which has seen employees be deducted double taxes in the months of July and August respectively, towards the President William Ruto’s assertive programme on affordable housing, has been receiving negative criticism from both affected and unaffected
“Parliament cannot pass any bill into the law which is affecting Kenyans without having public participation. The committee that conducted public hearing did a shoddy job as the memoranda from civil society groups were not considered,”
It was not for parliament to decide which views to incorporate and which one not to. That is the prerogative of the court and that’s why we are saying the law was hurriedly enacted unconstitutionally,” They argued their case before three bench judges
Petitioners told the court that increasing tax on petroleum products, 1.5 per cent housing levy and other applicable taxation in the Finance Act, 2023 is a yoke that should be offloaded from the loaded Kenyans
On the other hand, Busia Senator Okiya Omtatah told court that a river cannot flow higher than it’s source
“It’s unconstitutional for Members of Parliament to have passed the bill without Senate’s involvement, which again this, falls under illegal act of parliament.
Kenya’s budget is enough without subjecting Kenyans into series of punitive taxation,” Omtatah’s take
Following the precedence, Finance Act, 2023 is one of the Acts of Parliament, which has been nullified by the courts before if acts independently; for the lack of proper procedural legal process as required in the constitution