Busia Senator Okiya Omtatah has filed a petition against the Finance Bill 2023.
He argues that some parts of the Finance Bill threaten the right to property, access justice and in general violate the constitution of Kenya.
“The power to impose taxes is not absolute, it is a donated power by the people to the executive and they deposit it not to the Executive but to the parliament. Article 209 and 210 of the Constitution states clearly that taxation can only be done as provided by the legislation…that power cannot be donated to any other organ,” Senator Omtata said.
Senator Omtata accusses the parliament majority of being compromised and as a result he wants court to prohibit the Speaker of National Assembly from transmitting the Finance Bill to president William Ruto.
“The way the Executive is talking is alike parliament does not matter. Instead of proposing and leaving it to parliament, they are saying it will pass whether we like it or not. The Executive only requests parliament for taxes, he does not bulldoze,” Senator Omtata added.
The matter has been filed under certificate of urgency.
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