Okiya Omtatah hits out at Supreme Court over ruling on Finance Act appeal
Busia Senator Okiya Omtatah has faulted the
Supreme Court for dismissing an appeal challenging the implementation of the
Finance Act 2023, vowing not to back down.
Addressing
the press outside the court after the hearing on Friday, the Senator accused
the judges of using the technicalities of his submissions as a scapegoat to
strike out his case.
He
said the decision by the court that his submission did not meet the required
threshold is an issue of procedure, which lawfully cannot surpass substantive
justice.
Omtatah
stated that the court ought to have underlooked the technicalities of the
submissions where he presented more than 15 pages as required, and heard his
appeal.
“Korti
ya upeo imesema kwamba tuliwakilisha hoja yetu kwa njia ambayo haikuambatana na
sheria zake ambazo walikuwa wanahitaji 15 pages...and our submissions had
passed 15 pages by a small margin,” he said.
“It
seems the court has found a scapegoat…because rules of procedure cannot surpass
substantive justice. In the Constitution, Section 159 says the technicalities
cannot surpass substantive justice.”
He
added: “We cannot say you will not get justice because of submitting 16 pages
instead of 15 pages. Watu wengi wamekasirika na huo uamuzi. Professors of Law
are angry with the Supreme Court ruling sababu mtu hawezi kosa kuskizwa tu kwa
sababu aliongeza page moja ama mbili zaidi kwa hoja yake.”
The
lawmaker went on to claim that the court had been politically compromised, as
he vowed to come back stronger during the hearing of the case on Wednesday next
week.
While
terming Friday’s decision as just “a warm-up,” Omtatah clarified that only a
motion of conservatory orders has been thrown out but the lawyers are set for a
legal battle next week as the Supreme Court begins hearing the case.
“Anyway,
we understand because the case may have been politicized. Kesi kamili inaanza Jumatano
na hapo ndio wanaume tunaenda kuwekeana vifua sawasawa. This has only been a
warm up, the case hearing starts on Wednesday,” he said.
“Let
Kenyans know that the case has not been thrown out, this was only a motion of
conservatory orders which the court has dismissed. The Finance Bill will look
into every Section of Chapter 12 of the law to ensure that the government is
using the people’s taxes according to the Constitution.”
In the verdict delivered on Friday, the Supreme
Court ruled that it has no jurisdiction to entertain the appeal, adding that it
was not convinced that the decision of the Court Appeal occasioned grave
injustice to warrant its jurisdiction.
"The
intended appeals before the Court of Appeal have since been filed and are to be
disposed of within 60 days of the impugned ruling. Furthermore, the hearing of
the amended petition before the High Court is scheduled to commence this September
2023," noted the judges.
The court
also struck out all the submissions filed by the applicants saying that they
were filed out of time.
Want to send us a story? SMS to 25170 or WhatsApp 0743570000 or Submit on Citizen Digital or email wananchi@royalmedia.co.ke
Comments
No comments yet.
Leave a Comment