Senator Okiya Omtatah files petition against the Finance Bill 2023

Busia County Senator Okiya Omtatah has filed a case challenging some sections of the Finance Bill 2023.

The Senator argues that some sections threaten the right to property, access to justice and violate the Constitution in general.

“The power to impose taxes is not absolute, it is a donated power by the people to the executive and they deposit it not to the Executive but to the parliament. Article 209 and 210 of the Constitution states clearly that taxation can only be done as provided by the legislation…that power cannot be donated to any other organ,” he said.

Omtatah accuses the Parliament majority of being compromised by the Executive and thus wants the court to issue orders suspending the debate and prohibit the Speaker of the National Assembly from transmitting the Finance Bill 2023 to President William Ruto.

“We have a parliament that is largely a lapdog organisation where the majority has gone to bed with the Executive and they are not distinct, and so whatever the Executive wants will always be passed. Parliament has been compromised and is now just a small appendix of the Executive,” Omtatah claimed.

He further says that the petition raises substantial issues of law and the file should be forwarded to the Chief Justice to appoint a bench of judges to hear and determine the matter.

According to the lawmaker, imposing the 3 per cent of house levy on mwananchi will amount to a gross violation of national values.

“The way the Executive is talking is alike parliament does not matter. Instead of proposing and leaving it to parliament, they are saying it will pass whether we like it or not. The Executive only requests parliament for taxes, he does not bulldoze,” he added.

The matter has been filed under a certificate of urgency.