Government Responds to Okiya Omtatah's Suit on 8% VAT

The Government has acted swiftly after renown activist Okiya Omtatah filed a case seeking the suspension of the 8% VAT assented to by President Uhuru Kenyatta.

A letter seen by Kenyans.co.ke indicates that the government has filed an urgent counter application to the High Court.

The application signed by Solicitor General Kennedy Ogeto now wants the Attorney General to be given a chance to respond before the court hears Omtatah's case.

"The purpose of this letter, therefore, is to humbly and most respectfully request the court to accord the Attorney-General a hearing before the court can consider granting any orders against him," the letter by the SG reads.

The SG noted that Omtatah's application had been accompanied by a Notice of Motion Application under certificate of urgency seeking to temporarily suspend the implementation of the Finance Act, 2018 in its entirety.

"Our attention has been drawn to the above subject petition that inter alia seeks to challenge the constitutionality of the Finance Act, 2018, which Act was not only assented but also published in the Kenya Gazette Supplement No. 121 on September 21, 2018.

Requesting the hearing, the AG added that the matter was of great public interest due to the impugnated Act and which interest need not be overemphasized.

"We undertake to expeditiously respond to the said application and/or the main petition in the manner and within the timelines that the court would direct," they stated.

Omtatah has filed the case against the Attorney-General after Uhuru's tax proposals were passed in Parliament amid protests by agitated lawmakers who chanted against the imposition of 8% VAT on petroleum products.

Parliament could not raise the required 233 majority votes to shoot down President Uhuru's proposals in the Financial Bill 2018.

The President's recommendations earned an easy stay given only 215 legislators were in Parliament during the voting.