Raila files a petition against the Finance Bill, issues six more demands.
Raila files a petition against the Finance Bill, issues six more demands; Through his lawyer, Paul Mwangi, Opposition leader and his Azimio la Umoja Coalition highlighted that the Law illegally increased taxes on essential goods and services, such as food, fuel, and electricity, violating consumers’ basic rights.
The petition read,”The Petitioner asserts section 84 of the Finance Act No 4, 2023, which amends the Employment Act, 2007, by inserting a new section immediately after section 31A that an employer shall pay an Affordable Housing Levy is unconstitutional so far as the National government seeks to implement and develop matters housing.”
“The Petitioner states that the Constitution in the fourth schedule on the distribution of functions between the national government and the county governments, part 1, No. 20 provides that the National Government is to come up with the housing policy while part 2, No. 8 (d) of the same schedule, provides that the county government is the one responsible for the provision of housing hence section 84 of the Finance Act, 2023 is unconstitutional as the National Government has no mandate to provide housing,” read part of the petition.
The petition also outlined that President Ruto had usurped his power and performed roles belonging to governors and county governments.
The petition read,”The Petitioner further states section 2 of the Finance Act No 4 of 2023, is unconstitutional in so far as the National Government imposes a tax on entertainment, which is a function of the county government.”
Additionally, he gave six demands;
1. A declaration that The Finance Act, 2023 was promulgated unconstitutionally.
2. A declaration that section 84 of the Finance Act, 2023, that an employer shall collect and pay to the National Housing Development Fund is unconstitutional.
3.A declaration that section 2 of the Finance Act 2023 is unconstitutional to the extent that the National Government imposes a tax on entertainment.
4. A declaration that section 33 of the Finance Act 2023, on VAT on insurance, Is unconstitutional.
5. Any other appropriate relief the court may deem just to grant.
6. An order awarding costs of the Petition to the Petitioner.
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