The contentious Finance Act 2023 can now be implemented after the Court of Appeal lifted the suspension.
The appellate court ruled that the government, which challenged the suspension through Treasury Cabinet Secretary Njuguna Ndungu, has fulfilled the twin criteria to justify the grant of the orders requested.
“We are persuaded that the applicants have satisfied the twin principles for the grant of the orders sought and that the public interest tilts in favour of setting aside the conservatory orders by the trial Judge,” reads the ruling.
The court stated that there will be severe, permanent economic effects if the conservatory orders are not suspended.
Mohammed Warsame, Kathurima M’inoti, and Hellen Omondo, three judges, declared that the appeal would be considered and decided within 60 days.
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On June 30, the High Court suspended the Finance Act 2023 execution, pending the determination of a petition filed by Senator Okiya Omtatah and six other activists.
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