LSK, Omtatah React To Supreme Court Ruling On Finance Act 2023
The Law Society of Kenya slammed the Supreme Court on Tuesday for overturning the Court of Appeal’s ruling that declared the Finance Act 2023 unconstitutional.
LSK President Faith Odhiambo maintained that the Supreme Court’s decision to rule on the Finance Act 2023 was not what her society had expected from Kenya’s most powerful court.
However, Odhiambo stated that they respected the court’s decision, particularly the need for the executive and legislative branches of government to engage in proper public participation in their policy decisions.
”We respectfully disagree with the approach taken by the court,’’ Odhiambo stated.
The Supreme Court's decision on the Finance Act 2023 comes at a time when, more than ever, Kenyans continue to graple with inconsistencies and inadequacies of Public Participation, especially by Parliament. Over and above upholding the impugned provisions of the Finance Act 2023… pic.twitter.com/WRtX83Fb0N
— Faith Odhiambo (@FaithOdhiambo8) October 29, 2024
“Expeditiousness of the legislative process cannot be said to override legitimate expectation and public interest, nor can Parliament be exempt from the need to rationalise their decision under the guise of the legislative process not constituting an administrative action.”
”Nevertheless, we welcome the Court’s recommendation for the enactment of the statute to guide public participation.”
According to the LSK President, the courts played a role in developing public participation frameworks.
This was to address the recent increase in the number of cases where negative judgments were rendered due to a lack of public participation.
“We, however, hope that should the Court be invited to make future considerations on the subject of public participation, they will provide a more elaborate and purposive guidance on the modalities, scope, and extent of Public Participation,” Odhiambo implored.
The LSK president also stated that the court’s involvement in developing a public participation framework would help interested parties, such as Parliament, understand how the courts interpret public participation requirements.
“They will provide a more elaborate and purposive guidance on the modalities, scope, and extent of Public Participation; with a view of closing the gaping loopholes created by today’s determination for Parliament to act contemptuous to views collected during public engagements,” she added.
Odhiambo’s comments come after the Supreme Court granted the government permission to continue implementing the Finance Act 2023, just a few days after the High Court approved the housing levy deductions.
“The preliminary objection on this Court’s jurisdiction is overruled,” Ruled the Supreme Court adding, “We hereby set aside the Court of Appeal’s finding declaring the entire Finance Act, 2023 unconstitutional.”
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Busia Senator, Okiya Omtatah, while speaking on Citizen TV implored that making the Supreme Court have the final verdict is ‘frustrating’.
Okiya Omtatah: There are people who have approached me saying they want to ‘salimia’ the Judiciary & that shows the pain with which Kenyans have received this judgement. This has become more of a political issue & the judiciary has washed its hands#CitizenExplainer @SamGituku pic.twitter.com/IgIG2esWxI
— Citizen TV Kenya (@citizentvkenya) October 29, 2024
“The Executive has a free hand to do as it wishes because it knows that you can win in all these lower courts but up there, they are able to purchase the judges better,” Omtatah stated.
“I wish each judge would write his own judgment; this idea that the Supreme court is a choir is a bit frustrating.”
Okiya Omtatah: If public participation in processes is cosmetic, what is the Supreme Court telling Kenyans? It is telling us that what the Gen Zs did when they stormed Parliament is the way forward and that is why some of us are resisting. The Gen Zs action on the streets bore a… pic.twitter.com/UCu8NC8vcy
— Citizen TV Kenya (@citizentvkenya) October 29, 2024
Okiya Omtatah: The Executive has a free hand to do as it wishes because it knows that you can win in all these lower courts but up there, they are able to purchase the judges better. I wish each judge would write his own judgment; this idea that the Supreme court is a choir is a… pic.twitter.com/JbIbs4tI6X
— Citizen TV Kenya (@citizentvkenya) October 29, 2024
Many Kenyans have turned their attention to the judiciary in the wake of the government’s victories in two court cases, as Kenyans fear further deductions from their salaries.
LSK, Omtatah React To Supreme Court Ruling On Finance Act 2023
