Blow to President William Ruto as the court of Appeal declares the Finance Bill 2023 unconstitutional thus rendering it null and void.
Through a three judge bench comprising of Justices Kathurima M’Inoti, Agnes Murgor and John Mutivo, the court noted that the bill said through before Parliament without taking in public views.
“Accordingly, we hereby issue a declaration that the enactment of the Finance Act, 2023 violated Articles 220 – 1a and 221 of the Constitution; as read with sections of the Public Finance Management Act which prescribes the budget making process, thereby rendering the ensuing Finance Act 2023 fundamentally flawed and therefore void ab initio and consequently unconstitutional.” said the court
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The ruling now send the government back to the drawing back as it will cut off Ksh 300 billion it has been collecting after its implementation.
This is also not the first decision made by the government that has been challenged in court and successfully rendered null and void.
Among the items in the Finance Bill 2023 declared unconstitutional include the 35% PAYEE deduction that had been raised from 30%. The VAT hike in fuel from 8% to 16% has also been declared uncistitutional.
The news also comes at a time when the Head of State declined to sign into law the controversial Finance Bill 2024 which was to tax Kenyans before a countrywide protest ensued.
