Activist Okiya Omtatah has vowed to continue fighting against the Finance Act 2023 after the Court of Appeal lifted the suspension of its implementation.
Speaking to Kenyans.co.ke, Okiya explained that his focus now shifts to ensuring that the contentious sections of the Finance Act 2023 are quashed during the full hearing and determination of the case.
The Busia Senator maintains that his application challenges the constitutionality of the law and will push to see the contentious sections repealed.
"We will not give up until the Finance Act 2023 is repealed or entirely quashed by the Court because it contains provisions which are parallel to the Constitution," Okiya stated.
In particular, the activist argued that Finance Act 2023, particularly the provisions on Housing Levy extensively violate the right to equality and the right to property.
"No one should be forced to contribute money in a manner that suggests that the citizens are fundraising for the government. We will oppose it before the Court of Appeal," Okiya noted.
Okiya who fell short of calling out the Court of Appeal judges explained that the High Court was right in its decision to suspend the implementation of the Finance Act, 2023.
"The State was not going to suffer prejudice even if the Act remained suspended but in their wisdom, the Court of Appeal Justices took the contrary view," the Busia Senator explained.
According to Omtatah, the government's claims that the suspension had affected revenue collection which is necessary to fund development projects is unfounded because agencies continue to receive taxes.
He stated that the law will disproportionately affect the poor and the vulnerable, most of who voted for President William Ruto and his Kenya Kwanza government.
On Friday, July 28, the Court of Appeal lifted the orders barring implementation of the Act pending hearing and determination of the appeal.
"The upshot of our decision is that the application has merit and the same is allowed as prayed with the effect that the order made on July 10, 2023, suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. Costs shall abide by the outcome of the appeal," Justice Mohammed Warsame stated.
The law has been met with widespread criticism from Kenyans, who say it will lead to more poverty as a result of more taxation on the people who were already overburdened economically.
