Havi criticises Supreme Court's decision upholding Finance Act 2023

Former Law Society of Kenya (LSK) President Nelson Havi. [David Njaaga, Standard]

Former Law Society of Kenya (LSK) President Nelson Havi has hit out at the Supreme Court over its decision to overturn a Court of Appeal ruling that declared the Finance Act, 2023, unconstitutional.

Speaking on Citizen TV Wednesday, Havi argued that the Supreme Court should have considered public sentiments before issuing its ruling.

“We saw people storming Parliament, leading President Ruto to reject the Finance Bill. If the successor to the 2023 Act is rejected by the public, on what grounds does the Supreme Court find it constitutional?” he posed. 

The former LSK boss further claimed that the Supreme Court has consistently erred since Chief Justice Willy Mutunga’s retirement in 2016. 

“The Supreme Court is the most pliable of all the courts,” he stated.

Public participation

On public participation, Havi suggested that Members of Parliament (MPs) often shift their opinions to serve their own interests. “One moment they say something is right, and the next, they say it’s wrong,” he remarked.

LSK President Faith Odhiambo also expressed dissatisfaction with the verdict, urging the Supreme Court to provide clearer guidelines for public participation in future cases.

“We respectfully disagree with the court’s approach. The urgency of the legislative process cannot outweigh public expectation and interest, nor can Parliament dismiss its obligation to justify its decisions by treating legislative processes as non-administrative actions,” Odhiambo said on X.

Other lawyers also shared similar sentiments. Lawyer Willis Otieno called out the highest court in the land, terming Tuesday’s ruling, ‘retrogressive.’ 

“The Supreme Court’s ruling on the Finance Bill 2023 is a slap in the face to Kenyans, undoing months of hard-won gains and showing blatant disregard for the spirit of our Constitution. By effectively granting parliament unchecked authority over budgetary matters, the Court has thrown out essential safeguards, leaving citizens vulnerable to unrestrained financial decisions that lack oversight or accountability,” wrote Otieno. 

The Supreme Court’s decision now allows the government to implement provisions in the Finance Act, 2023, essential for tax collection following the Finance Bill, 2024’s rejection. 

“We find that the legislative process, including public participation and concurrence, adhered to constitutional requirements,” the judges stated in a ruling yesterday.