Finance Bill: MP Rutto urges COFEK to wait before rushing to court

Speaking during an interview with NTV on Wednesday, Rutto asserted that the various arms of government work independently and cannot undermine each other's progress before the completion of due processes.

"I want to repeat, we have three arms of government which are independent, and the operational relation cannot be interfered with by another one. The judiciary is an independent arm of government. You cannot cut the process. You only wait for the final product so that you challenge the outcome that it failed to meet the following qualities or qualifications. So for that purpose, as I have said, the bill lies on the floor of the house. So we are debating," Rutto argued.

Rutto advised COFEK to review previous court rulings to predict the outcome of their petition, maintaining that all three arms are operationally independent.

"In fact, I would encourage the lobby group who have gone to court. I think they need to read earlier rulings that the judiciary cannot cut another arm of government from doing its work. They should only wait for the final outcome," he opined.

COFEK has filed a petition at the Milimani Law Courts seeking to suspend the implementation of several proposed provisions in the Finance Bill 2026. 

It argues that they are unconstitutional and pose a threat to the rights of consumers, taxpayers and businesses.

According to court documents, the federation argued that the legislative process is at an advanced stage, creating an imminent risk that the contested provisions could be enacted before the constitutional questions raised are properly considered by the court.

COFEK asked the court to issue conservatory orders preserving the subject matter of the petition while the constitutional questions are heard and determined.