The Court of Appeal on Friday lifted the conservatory order that suspended the implementation of the Finance Act 2023.
In a ruling, judges Mohammed Warsame, Kathurima M’inoti and Hellen Omondi said the appeal filed by Treasury Cabinet Secretary Njunguna Ndung’u had merit.
“We are persuaded that the applicants have satisfied the twin principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge,” read the ruling.
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The court stated that there will be substantial irreversible economic implications if the conservatory orders stayed.
The judges noted that while particular clauses whose execution was likely to have an irreversible effect may be suspended, the entire Act could not.
The controversial Act was suspended on June 30 pending the determination of a petition filed by Senator Okiya Omtatah and others.
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