Government officials who accompanied President William Ruto to Elgeyo Marakwet County criticized the Judiciary for ordering the suspension of the implementation of the new Finance Act 2023.
Prime Cabinet Secretary Musalia Mudavadi led the criticism from the Kenya Kwanza officials. He accused Judiciary of not considering the public interest principle.
Mudavadi argued that while the Judiciary must be independent, it should also take into account the public interest when making decisions. He believes that the issue at hand is a procedural matter that can be addressed through alternative means of litigation, rather than suspending the entire Act.
“Public interest should always be taken into account when courts are pronouncing themselves on certain key matters,” stated Mudavadi.
Procedural versus legal matters
According to Mudavadi, Kenya is in a race against time to revive the economy, and there is no room to reverse the progress made. He emphasized that the court’s decision was based on a procedural issue, not a substantive legal matter.
Mudavadi questioned how a procedural issue could supersede the public interest. He also expressed concern that taking public interest for granted would not be beneficial for the country.
Mudavadi stressed that the country cannot afford to lose focus and that the recovery process is time-sensitive. He hoped that the Judiciary would take corrective action, as Kenya cannot postpone the problem of economic recovery any longer. Mudavadi believed that the President had set the pace, and the country needed to move forward swiftly.
“President William Ruto has set the pace as far as where we want to take this country. Our first agenda is to turn around the economy. Kenyans are suffering, therefore we cannot postpone the problem anymore. Our predecessors were postponing the problem every time, whereas we want to cure it once and for all,” said Mudavadi.
Mudavadi’s statements echoed those of Senate Majority Leader Aaron Cheruiyot, who also disagreed with the court’s decision.
Senate involvement
Senator Cheruiyot stated that the case presented by Senator Okiya Omtatah did not represent the unanimous position of the Senate. He has subsequently distanced the Senate from Omtatah’s presentation. The senator stated that there was full consensus between the National Assembly and the Senate in passing the Bill that was signed into law by President William Ruto.
“Senator Okiya Omtata in his personal capacity, is not the Senate. Omtata wants to be consulted as who on this matter?” added the Senator.
The leaders made their remarks at a thanksgiving ceremony for National Treasury Principal Secretary Chris Kiptoo, where they had joined President Ruto, Deputy President Rigathi Gachagua, and other officials. Mudavadi called on the courts to consider what is best for the nation and its people while exercising their mandate.
He emphasized that President Ruto has set the pace for the country’s direction in revitalizing the economy.
EPRA has raised the price of super petrol to Ksh195 per liter, diesel to Ksh179.67, and kerosene to Ksh173.44.
Senator Omtata also directed EPRA to revert the fuel prices to match the rates set on June 14. Prior to the increase, super petrol sold at Ksh182.40 per liter, diesel at Ksh167.28, and kerosene at Ksh161.48.
If EPRA fails to comply with his request, the senator warned that he would file a lawsuit against the energy regulator.
