Members of Parliament (MPs) asked the High Court to dismiss a petition by Busia Senator Okiya Omtatah that seeks to block consideration of the Finance Bill 2024.
Advocate Sandra Nganyi, representing the National Assembly, argued that the issues raised were previously addressed in a 2018 case and are pending appeal. She claimed the petition is premature, as it challenges a bill not yet enacted.
“The petition is incompetent and an abuse of court process to the extent that the petitioners are challenging a bill which is yet to be enacted. We will be asking the court to dismiss it,” Nganyi said.
Omtatah countered, saying his petition is not related to the pending appeal and questions the bill’s introduction without approved budget estimates. He argued that the petition is timely since the National Assembly is already considering the bill.
“We are not challenging the merit of the Finance Bill. We are only asking the court whether the bill can be introduced at this stage where we don’t have the approved budget estimates,” Omtatah said.
Justice Lawrence Mugambi stated that a decision on the preliminary objections will be made in three days, with a ruling date set for June 19.
Omtatah previously challenged the 2018 Finance Act, arguing it was improperly presented for presidential assent after failing to secure the necessary support. This matter is still pending in the Court of Appeal.
Omtatah and Matindi assert that the Finance Bill 2024 is premature without an approved fiscal framework for the 2024-25 financial year.
They seek a court order to suspend the bill’s consideration, citing the constitutional requirement that budgets must include revenue and expenditure estimates, distinguishing between recurrent and development expenditures.
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