Finance Act: Omtatah Alleges Being Offered Ksh200M To Withdraw Petition
However, the senator declined the offers as he believed they were attempts to undermine the criminal justice system
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Busia Senator Okiya Omtatah on Tuesday, July 11 claimed that he received several offers, some of up to Ksh200 million, to withdraw his petition challenging the Finance Act, 2023.
Speaking at the People's Anti-corruption Summit, Omtatah alleged that he was enticed into breaking the law through the lucrative offer in exchange for dropping his petition, which led to the High Court suspending the implementation of the Finance Act.
However, the senator declined the offers as he believed they were attempts to undermine the criminal justice system, instead urging that those who cannot effectively run their government positions should step down for those who are capable.
Busia Senator, Okiya Omtatah while giving his speech at the People's Anti-corruption Summit on Tuesday, July 11, 2023. /OKIYA OMTATAH
"We have to ensure that we abide by the law. They believe everyone has a price.
"Right now if you look at the money I have been offered to withdraw the petition (it) has reached Ksh200 million. But I tell them, my price is one if you can't govern vacate the office for those who can govern," said Omtatah.
Omtatah did not disclose the source of the alleged bribe in exchange for dropping the petition.
The Senator nonetheless expressed his commitment to upholding the principles of justice and fighting corruption.
He vowed not to succumb to any attempts to compromise the integrity of the legal process, emphasizing that his petition was driven by a genuine concern for the welfare of the public and the economy.
In his submission, Omtatah argued that the bill which generated uproar across the country is unconstitutional and thus sought the help of the court.
Among the issues, Omtatah highlighted in his petition were the mandatory salary deductions to support President William Ruto's Affordable Housing agenda, which he argued that it was not a must for Kenyans.
Omtatah argued that the Senate and the National Assembly should have debated the Bill first before tabling it.
"Section 76 of the Bill threatens socio-economic rights (Article 43) to the extent that, if made law, the fund will require a 3 per cent reduction in basic salary for employees and a 3% contribution from employers, thereby reducing worker’s purchasing power as it increases business operating costs.
"Section 76 of the Bill threatens the freedom to own property (Article 40(1)) by proposing to compel civil servants to participate in a mandatory tax scheme disguised as a means to facilitate property acquisition," the Busia Senator stated.
Omtatah went ahead to sue the National Treasury Cabinet Secretary Njuguna Ndung'u and Attorney General Justin Muturi arguing that they served as advisors to the current government.
The High Court has since stopped the Finance Act on several occasions from being implemented as of July 1, and on Monday, July 10, extended conservatory orders against the Act and referred the case to Chief Justice Martha Koome to constitute a three-judge bench for its hearing and determination.
“I am inclined to exercise my jurisdiction and allow the prayer for certification under article 165- 4 of the constitution. In view of the foregoing I find that it has not been demonstrated to my satisfaction grounds warranting the setting aside of the orders of 30th of June 2023,” Justice Mugure Thande stated.
“Pursuant to article 165(4) this matter is certified as raising a substantial question of law and the file is hereby transmitted to the Chief Justice for assignment of a bench of not less than three judges to hear and determine the petition."
The respondents in the petition had sought abeyance (temporary suspension) of seven days to move to the Court of Appeal.
It was further argued that the orders that suspended the implementation of the Finance Act 2023 would likely cripple the government concerning revenue mobilisation and expenditure approval, thus the respondents' prayer to the High Court to exercise its secondary jurisdiction and suspend the conservatory orders.
Meanwhile, President Ruto revealed that he was waiting for the courts to conclusively rule on the Finance Act so that he executes the service delivery he promised his people during the pre-election campaign.
"I want the courts to finish up with matters regarding the Finance Bill. They should leave alone the Finance Bill because we want to continue progressing this country forward," Ruto spoke during the issuance of title deeds to Embakasi Ranching Company shareholders in Nairobi County.
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