The Supreme Court has temporarily suspended the decision by the Court of Appeal that declared the Finance Act 2023 unconstitutional.
In a ruling on Tuesday, Chief Justice Martha Koome-led court granted a stay of the lower court’s decision, allowing the Finance Act 2023 to remain in force.
“A conservatory order is hereby issued suspending and staying the declarations in Orders iii, iv, vi, vii & ix(i) issued in the Court of Appeal judgment dated 31st July 2024 in Civil Appeals Nos.
E003, E016, E021, E049, E064 & E080 of 2024 (Consolidated) pending the hearing and determination of the consolidated appeal before this Court,” read part of the ruling.
The consolidated appeal is scheduled to be heard on September 10 and 11, 2024, starting at 9:00 a.m. on both dates
Reacting to the ruling, renowned Nairobi lawyer Ahmednasir Abdullahi stated the Supreme Court is a graveyard of cases since the judges are bribed to rule in favour of the bribe giver.
“In the Supreme Court of Kenya… You can’t overcome JurisPESA. Don’t waste your time.
“Unfortunately, great judgments of the Court of Appeal are buried at the Supreme Court,” Ahmednasir wrote on his X (formally Twitter).
