AG goes to court over case on tax law - Daily Nation

AG Kihara Kariuki goes to court over case on tax law

Tuesday September 25 2018

Kihara Kariuki

Attorney-General Kihara Kariuki. FILE PHOTO | NATION MEDIA GROUP 

By MAUREEN KAKAH
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The Attorney-General Kihara Kariuki wants court to grant him a hearing before issuing any directions in a case in which activist Okiya Omtatah has challenged implementation of the Finance Act 2018.

In a letter written to the court by Solicitor General Kennedy Ogeto, the AG says the matter is of great public interest hence the request.

“The purpose of this letter therefore is to humbly and most respectfully request court to accord the AG a hearing before it can consider granting any orders against him,” said Mr Ogeto.

Mr Omtatah has sued the AG and the National Assembly over the Finance Act 2018 which was assented to by President Uhuru Kenyatta and published in the Kenya Gazette on September 21.

According to the activist, the Finance Bill 2018 died the moment it was declared that those MPs opposed to the President’s amendments to the Finance Bill 2018 had failed to raise requisite numbers to override the President’s veto.

He argues that the Speaker of the National Assembly was wrong to thereafter present a dead Bill to the President for assent because the Finance Bill 2018 died when it failed to garner two- thirds support of the Members of the National Assembly.

Mr Omtatah had told court that he has filed his case in good time and that there was no delay since the President assented to the Finance Act last Friday, on the same day he moved to court.

He has claimed that the matter is extremely urgent because implementation of the Finance Act 2018 will be a major violation of the Constitution.

“I am aggrieved that whereas the President’s veto powers under the Constitution are strictly limited to expressing his reservations in a memorandum to Parliament, which are then left to Parliament, if it is sympathetic to them, to effect via amendments to the Bill, the President drafted the amendments himself,” said Mr Omtatah.

He wants a temporary order issued seeking to bar the sued parties from or any other person whatsoever from implementing the Finance Act 2018 or giving it effecting any way.