Chief Justice Martha Koome has appointed a 3-judge bench to hear and determine petitions challenging the Finance Act 2023.
The three judges are Lawrence Mugambi, David Majanja and Christine Meori.
The bench that is presided over by David Majanja is expected to determine a case filed by Busia Senator Okiya Omtatah and six others.
They moved to court to have the new law declared unconstitutional arguing that the Finance Act 2023 was illegal as the bill did not pass through the Senate as envisioned by the law.
They argued that there is no concurrence of both Speakers of the National Assembly and Senate on matters relating to counties.
High Court Judge Mugure Thande temporarily suspended the implementation of the Finance Act on June 30.
On July 10, the judge upheld the suspension, maintaining the halt on its execution.
The government had hoped to raise more revenues to fund its Sh3.6 trillion budget but the new tax measures may not be realised after High Court declined to lift the orders that suspended the implementation of the new taxes.
The three judges will set a date when the matter will be mentioned for hearing.
