Okiya Omtatah Moves To Court To Block Ruto's Finance Bill
The submission came hours after President Ruto expressed admiration at Kenyans' spirited commitment to opposing the controversial Finance Bill 2023
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Busia Senator Okiya Omtatah, on Friday, June 2, moved to the High Court challenging the contentious Finance Bill of 2023.
In his submission, Omtatah argued that the bill which has been generating 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.
President William Ruto (Left) shaking hands with Busia Senator Okiya Omtatah (Right) during a thanksgiving service in Busia on May 25, 2023. /PCS
"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 added.
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 Treasury has been sued herein for having violated Articles 3(1) and 153(2)(a) of the Constitution by presenting to the National Assembly the Finance Bill 2023 parts of which threaten to violate express provisions of the Constitution of Kenya 2010 and the principles of natural justice, and to undermine Kenya’s economic organisation," the petition read in part.
The submission came hours after President Ruto expressed admiration at Kenyans' spirited commitment to opposing the controversial Finance Bill 2023, even though he risks being inflicted a major blow in his agenda for the country.
In his Madaraka Day speech at Moi Stadium, Embu, the Head of State remarked that the Finance Bill had generated a positive and intense discourse across the country in a manner rarely seen in the tenets of Kenya's democracy in the modern generation.
"Our public discourse and political discussion and the agenda of social debate has changed for good. Substantive policy issues continue to define the national conversation well beyond the election.
"At the moment, there is a robust debate on the Finance Bill taking place everywhere in this country: Church, social places, formal and informal workplaces, all media platforms and busy markets, as well as in urban and rural gatherings," he stated.
The Head of State hailed Kenyans for setting precedence very few countries can match in terms of the national debate on matters of finance and that there was no sign of ethnicity threatening to divide the country among the discussions.
Ruto expressed how he felt more challenged than ever, especially in the demanding era of Generation Z, noting that today's Kenyans are keeping him on his toes.
"We are truly a trailblazing nation. Many countries struggle in vain to generate a national debate on public financing, taxation or other policy issues. In Kenya, we have easily sustained intense discourse on the Finance Bill and the Affordable Housing Policy for several weeks now.
"The debate has remained issue-oriented, and there is no hint of divisive ethnic rhetoric at all. The cost of living is keeping all leaders, including myself, awake, and this is precisely as it should be," he added.
Coincidentally, Omtatah on Sunday, May 28 threatened to move to court over the proposed mandatory contribution to the Housing Fund in the Finance Bill, in front of Ruto during an interreligious prayer gathering at Busia Stadium.
“The issue of housing, the former president had tried imposing the housing tax and I was among the people who went to court to fight it. The Finance Bill has so far violated the constitution in six ways if not corrected you will leave me no choice but to move to court,” he told the President.
The Housing Fund stirred debate with Azimio la Umoja leaders stating the Finance Bill unfairly targets a middle class that is already enduring great hardships and has the least amount of money available to pay additional taxes.
Azimio leader Raila Odinga also warned that he will mobilize Kenyans in protest of the proposals.
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