High Court judge Mugure Thande has declined to lift orders suspending the Finance Act 2023.

The judge ruled that the petitioners have proved that they have a case adding that if the orders were to be lifted the members of public would suffer.

“The petitioners have proved that they have a prima facie case…there’s merit in granting conservatory orders,” the judge noted.

Judge Thande further directed that the file be forwarded to Chief Justice Martha Koome to appoint a three-judge bench who will hear and determine the case.

Not willing to discuss more about the case, the judge stated that if the order are not reserved then there’s danger in rendering the case as nugatory and an academic exercise.

He also noted that, lifting the suspension orders will be against the public said there will be a real risk of the public being subjected to unconstitutional laws that have been challenged.

In the case, Busia senator Okiya Omtatah and others moved to court to challenge the Finance Act 2023,saying that it was unconstitutional.

Also Read: Finance Bill 2023 Signed Into Law