Senate Speaker Amason Kingi now wants the court to lift orders that suspended the Finance Act 2023, saying it's against the public interest.
In his affidavit to the case challenging the act, Kingi argues that the effect of the order issued is to suspend the government’s revenue-raising measures and therefore bring the government to a halt.
In the case, Busia Senator Okiya Omtatah challenged the act saying it did not pass through the Senate as is supposed to do but Kingi is of a different opinion.
The Speaker says the state stands or suffers grave prejudice for the revenue lost in uncollected taxes owing to the suspension of the implementation of the Finance Act 2023.
“If the conservatory orders remain in force, the impugned tax is not likely to be recovered and this will occasion a lacuna in the operations or governance structure which is left unfilled, even for a short, is likely to cause very grave consequences to the citizenry, “ court documents read.
Kingi claims that he consulted with the Speaker of the National Assembly and they resolved that the Bill does not concern county governments and is therefore considered only in the National Assembly in accordance with the constitution.
He has also accused the petitioners in the case who include Omtatah and 6 others of obtaining a letter improperly and producing it in court.
On the hand, Omtatah has made an application seeking to cross-examine Kingi on his affidavit.
He argues that Kingis's affidavit has made allegations on matters of imagination and not fact.
"The timelines apparent in the affidavit conflict with what really happened as regards the consideration of the Finance Bill, 2023," court papers read.
The legislator further says that the letter raises a question as to whether it is secretive and solely at the discretion of the two Speakers and at what point it is considered that the two Houses have concurred.
The case will be mentioned tomorrow for further directions.
