Court of Appeal certifies Omtatah’s application against Finance Act 2023 urgent

The applicants argue in court papers that the learned judges erred in law and fact by assuming jurisdiction that they did not have, and that it was unconstitutional for the high court to order a stay in a manner that sabotaged the constitution.

“The stay orders amount to a delay in delivering justice. The discriminatory housing levy places a financial burden on a specific segment of the population. And the continued discrimination will exacerbate their economic challenges” the papers read. 

According to them, the unconstitutional and illegal housing levy's repercussions cannot be compensated through damages.

Similarly, they argue that if the government continues to carry out its mandate in violation of the constitution and national legislation, the people of Kenya will suffer significant loss and damage.

Omtata and three other applicants argue that they intend to appeal the entire high court ruling and seek necessary relief to ensure that the intended appeal is not rendered nugatory. 

“The intended appeal is arguable and has high chances of success,” they argue.

Late this year, the high court declared the Finance Act 2023 unconstitutional, null,  and void. 

However, they issued stay orders until  January 10 2024.