Court of Appeal lifts conservatory orders imposed against Finance Act 2023!
-The court mentioned that there will be grave and irreversible economic consequences if the stay of the conservatory orders is not granted-
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By Camilla Lunani
The Court of Appeal has lifted the conservatory orders inhibiting the implementation of the Finance Act 2023.
The court ruled that the government, which appealed the suspension through the Treasury Cabinet Njuguna Ndungu, has satisfied the twin principles to warrant the grant of the orders sought earlier.
“We are convinced that the applicants have satisfied the twin principles for the grant of the orders sought, and the public interest is in favor of setting aside the conservatory orders by the trial judge.” Read the ruling.
The court mentioned that there will be grave and irreversible economic consequences if the stay of the conservatory orders is not granted.
The division bench led by Mohammed Warsame, Kathurima M’inoti and Hellen Omondo said that the appeal will be heard and determined within 60 days.
The High Court suspended the implementation of the Finance Act 2023 on June 30, Pending a petition filed by Senator Okiya Omtatah and six other activists.
Treasury Cabinet Secretary Njuguna Ndung’u moved the court of appeal arguing the suspension is affecting government operations.
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