Kenya: Judges Lift Order Suspending Finance Act 2023
Kenya's Court of Appeal has lifted the conservatory orders issued by the High Court on 10 July 2023 suspending the implementation of the Finance Act 2023.
The Appeal Court was satisfied that the application to lift the conservatory order met the twin principles for the grant of the orders sought, and that, public interest tilts in favour of setting aside the conservatory orders by the trial Judge.
The Court of appeal ruled that the application has merit and the same is allowed with the effect that the order made on 10 July 2023 suspending the Finance Act 2023, and the order prohibiting the implementation of the Finance Act 2023, be and is hereby lifted pending the hearing and determination of the appeal. The Court of Appeal concluded by directing:
- applicants to file the appeals within the next 14 days;
- both parties to file and serve their submissions within the next 30 days; and
- both appeals be heard and determined within 60 days from the date of the Ruling.
The respondents, being dissatisfied with the entire ruling of the Court of Appeal given at Nairobi on the 28 July 2023, intend to appeal to the Supreme Court against the entire decision.
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