Azimio files case challenging Finance Act, wants suit merged with Omtatah's

Azimio la Umoja Leaders addressing Media at SKM Center in Karen Nairobi. [Source: Raila Odinga Press]

Azimio la Umoja Coalition has moved to court, seeking to challenge the Finance Act, 2023.

This comes days after High Court Judge Mugure Thande suspended the implementation of the Finance Act, 2023 until an application filed by Busia Senator Okiya Omtatah is mentioned for further directions.

The case comes up for mention tomorrow, July 5.

In a petition filed by the coalition's lawyer Paul Mwangi, the Raila Odinga-led coalition argues that the new law is unconstitutional since the National Assembly failed to consult Senate.

Further, Mwangi has told the court that the case is similar to Busia Senator Okiya Omtatah's petition, therefore asking that the court consolidates the two cases into one.

"That the instant application seeks that this Honourable Court be pleased to consolidate this suit and the Petition number E181 of 2021 wherein the court issued conservatory orders suspending the coming into force and the operation of the Finance Act, 2023," Mwangi's petition dated July 4 reads in part.

"That it is in the interests of justice that this Court intervenes at this juncture and consolidates this suit with Petition Number E181 for expeditious dispensation of both suits."

Senator Okiya Omutata had filed a petition challenging the implementation of the Finance Act of 2023.

According to the lawmaker, some laws were sneaked into the document before President Ruto assented to the Bill on June 26.

The Law Society of Kenya (LSK), Omtatah, Peter Agoro, Dr Paul Saoke, Clement Onyango, and the Association of Alcoholic Beverages have all filed separate cases after Ruto assented to the bill.

Azimio's suit brings to six the number of cases seeking to challenge the Finance Act which legalizes President William Ruto's Sh3.6 trillion budget.

Despite the court suspending its implementation, the Energy and Petroleum Regulatory Authority (EPRA) last week announced new prices for petroleum products after the law raised the fuel levy from 8 per cent to 16 per cent.