Supreme Court grants stay orders
The Supreme Court on 20th August 2024 suspended a decision declaring the Finance Act 2023 unconstitutional pending the determination of an appeal. In its ruling, the Court issued conservatory orders temporarily suspending portions of the Court of Appeal’s decision made on 31st July 2024. This decision comes in response to appeals filed by the Cabinet Secretary for National Treasury and Planning and four other Government officials against the Court of Appeal’s decision.
In granting the conservatory orders, the Supreme Court emphasized the importance of maintaining governmental stability and avoiding disruptions in public administration.
Conclusion
The levies, taxes and legislations introduced by the Government of Kenya through the Finance Act of 2023 are now operational. This is a major setback and a win for taxpayers and Government respectively. We await the determination of the petition filed at the Supreme Court. The consolidated appeals is set for hearing – virtually – on 10th and 11th September 2024.
We will be updating you on all development regarding the fate of the finance Act 2023.