Win for gov't as Court of Appeal temporarily lifts order suspending Finance Act 2023

In what will be a major win for President Ruto, the appellate court ruled that the government, who appealed the suspension through the Treasury Cabinet Secretary Njuguna Ndungu, has satisfied the twin principles to warrant the grant of the orders sought.

"We are persuaded that the applicants have satisfied the twin principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge," reads the ruling.

The court noted that there will be serious irreversible economic consequences if the stay of the conservatory orders is not granted.

The three judges led by Mohammed Warsame, Kathurima M'inoti and Hellen Omondo said that the appeal will be heard and determined within 60 days.

The High Court, on June 30, suspended the implementation of the Finance Act 2023, pending the determination of a petition filed by Senator Okiya Omtatah and six other activists.

Treasury Cabinet Secretary Prof Njuguna Ndung’u moved to the Court of Appeal arguing the suspension is affecting government operations.