A section of politicians allied to the Kenya Kwanza coalition launched an onslaught against the Judiciary after Justice Mugure Thande suspended the implementation of the Finance Act, 2023.
On Saturday, July 1, Prime Cabinet Secretary Musalia Mudavadi faulted the court's decision, claiming it did not consider public interest.
He argued that the Judiciary failed to address the issue of contention and instead decided to suspend the whole Finance Act.
"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," Mudavadi stated at Kapteren in Keiyo North Constituency at National Treasury Principal Secretary Chris Kiptoo's thanksgiving ceremony.
"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," he added.
Senate Majority Leader Aaron Cheruiyot echoed the Prime Cabinet Secretary's sentiments on the court's decision to suspend implementation of the Act.
Cheruiyot cited the case presented by Busia Senator Okiya Omtatah, where he argued that it was not a unanimous position of the Senate. Omtatah had argued that the National Assembly did not seek the Senate's input despite the fact that the Act touched on weighty matters affecting counties.
“As the Senate Majority Leader, I have spoken with the Speaker of the Senate, Amason Kingi. The Speaker has confirmed to me the steps that were undertaken under the law between him and the National Assembly Speaker as far as the Finance Act issue is concerned. There was 100 per cent consensus."Cheruiyot stressed.
“Senator Okiya Omtata in his personal capacity, is not the Senate. Omtata wanted to be consulted as who on this matter?” he wondered.
The Chairperson of the National Assembly's Finance Committee, Kuria Kimani, also questioned the motives behind suspending the Finance Act. He argued that the committee conducted proper public participation before President William Ruto signed the legislation into law. Kimani vowed to challenge the suspension.
"I read mischief in Okiya Omtatah's conservatory orders on Finance Act 2023. There was no violation of the PFM Act, 2012 both the Finance Act and Appropriations Act were assented to by the President on the same day," the Molo MP stated.
"However, Finance Bill, 2023 has been the most litigated piece of legislation since the promulgation of the new constitution. So, see you in court! Another hot air in the offing!" he added.
Kimilili MP Didmus Barasa also reprimanded the Judiciary, indicating that the Energy Petroleum and Regulatory Authority (EPRA) had already increased fuel prices.
Speaking at the thanksgiving ceremony, Ruto steered away from the topic but warned the opposition led by former Prime Minister Raila Odinga against engaging in destructive demonstrations.
His Deputy Rigathi Gachagua also steered away from the Finance Act debate ahead of the court hearing on July 5.
Other leaders, including Kiharu MP Ndindi Nyoro, had in the past defended the Finance Act, which he argued will help the country raise revenue and avoid dependence on foreign aid.
National Assembly Majority Leader Kimani Ichung'wah also put up a spirited battle in parliament to help the Finance Bill sail through despite opposition from the Azimio side.
