KENYAN SUPREME COURT UPHOLDS CONTROVERSIAL TAX HIKES ACT AMID PUBLIC OUTCRY

Wed 21 August 2024:

In a significant legal decision, Kenya’s Supreme Court on Tuesday upheld the contentious Finance Act 2023, overturning a previous ruling by the Court of Appeal that had declared the act unconstitutional. The Supreme Court’s verdict affirms the legislation, which has been at the center of nationwide protests due to its impending tax increases.

Supreme Court Overturns Lower Court Ruling

The Court of Appeal had earlier found flaws in the public participation process leading to the enactment of the Finance Act, deeming it unconstitutional. However, the Supreme Court disagreed, asserting that the public had been adequately consulted and their input considered during the legislative process.

In its ruling, the Supreme Court stated, “We find that public interest tilts in favor of granting conservatory and stay orders to preserve the substratum of the consolidated appeal and maintain stability in the budget and appropriation process pending the determination of this appeal.” The court further directed that the consolidated appeal be expedited and set for hearing as soon as possible.

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Public Reaction: Mixed Responses and Renewed Concerns

The ruling has elicited a range of reactions across the country. The government has welcomed the decision as a validation of its fiscal policies, viewing it as essential for maintaining economic stability. However, many Kenyans, opposition leaders, and civil society groups have voiced deep disappointment, arguing that the law disproportionately burdens ordinary citizens already struggling with high living costs and economic difficulties.

Critics warn that the ruling could reignite public debate and lead to renewed protests, as many remain concerned about the impact of the tax hikes on everyday life.

The Supreme Court has scheduled the consolidated appeals for a virtual hearing on September 10 and 11, a move that will likely continue to draw significant public attention.

SOURCE: INDEPENDENT PRESS AND NEWS AGENCIES

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