Omtatah files suit seeking to declare Finance Bill 2023 unconstitutional

Omtatah files suit seeking to declare Finance Bill 2023 unconstitutional
Busia Senator Okiyah Omtatah at the Milimani Law Courts. / COURTESY

NAIROBI, Kenya, Jun 2 – Busia Senator Okiyah Omtatah has filed a petition at the High Court challenging provisions of finance Bill 2023.

The senator says if the Bill is passed by Parliament it will violate the constitution. It is not incumbent upon the executive to formulate the finance and direct it direct it to Parliament to pass it into law.

Omtatah wants the constitutional court to look at the provisions of Finance Bill from section 28 all the way to section 79 and declare the same as unconstitutional.

He points out in his petition that tax on housing is a complete violation of Bill of Rights saying Kenyans cannot be forced to pay tax so as to purchase houses .

He says the finance ought to be debated by the two houses ( Parliament and Senate).

He points out that some independent bodies like commissions, Judges and foreigners salaries are not subject to taxations as provided under the new finance Bill 2023.

Omtatah wants in totality the Finance Bill be declared unconstitutional.