Mudavadi hits out at Judiciary over Finance Act order
Prime Cabinet Secretary Musalia Mudavadi has launched a scathing attack on the courts for slamming breaks on the implementation of the Finance Act 2023.
The High Court blocked the implementation of the newly signed law that was set to double fuel tax and introduce new taxes on Friday following a petition filed by Busia Senator Okiya Omtatah.
Reacting to the conservatory orders issued by Justice Mugure Thande, Mudavadi faulted the Judiciary for overlooking what he termed as public interest in the matter.
“It is true that the Judiciary must be independent, and it is also true that its independence is guaranteed within the Constitution. But it is also important that the Judiciary becomes alive to what we call public interest. Public interest should always be taken into account when courts are pronouncing themselves on certain key matters,” Mudavadi said.
Mudavadi defends Finance Act
The former Vice President and Finance Minister argued that Omtatah's petition is a procedural matter that ought to have been handled differently by the third arm of government.
“The issue in court is a procedural issue, not even substance in terms of the law but mere procedural issue. Whoever made this decision, I hope you will reflect because how can a procedural issue supersede public interest? It is not possible and it is not good for this country that public interest is taken for granted,” he added.
Mudavadi was speaking during the thanksgiving ceremony for National Treasury Principal Secretary Chris Kiptoo in Kapteren in Keiyo North, Elgeyo Marakwet County, on Saturday. 
He told the delegation, which included President William Ruto, that the recent court orders could derail the government's development agenda and asked the Judiciary to review the orders.
“President William Ruto has set the pace as far as where we want to take this country. Our first agenda is to turn around the economy and we cannot afford to take our eye off the ball. Kenyans are suffering, we cannot postpone the problem anymore. Our predecessors were postponing the problem every time and we want to cure it once and for all,” Mudavadi stated.
“I hope the Judiciary in its own wisdom will also make corrective action because Kenya is moving and it is racing against time. The economy recovery process is a race against time, the President has set the pace we cannot afford to lose any more time.”
Senate Majority Leader Aaron Cheruiyot also took issue with the court orders as he distanced the House from Omtatah's petition. He insisted that there was a consensus between the National Assembly and the Senate regarding the Finance Bill 2023.
“As the Senate Majority Leader, I have spoken with the Speaker of the Senate, Amason Kingi. The Speaker has confirmed to me the steps that were undertaken under the law between him and the National Assembly Speaker as far as the Finance Act issue is concerned. There was 100% consensus," Cheruiyot, who doubles up as senator for Kericho County, said.
In the case before the High Court, Omtatah and his co-petitioners Eliud Matindi, Micheal Kojo, Benson Otieno and Blair Oigoro argue that the Finance Act 2023 is illegal as it was approved by the National Assembly without the consultation of the Senate.
"The National Assembly sneaked many provisions of the law into the approved Bill on the floor of the House without subjecting them to public participation, which violated Articles 10[2], 118 and 201 of the Constitution," the activist state, adding that new tax laws are punitive.
Some of the amendments passed by the National Assembly include the 16 per cent Value Added Tax (VAT) on petroleum products and 1.5 house levy, which received wide condemnation from the opposition.
