Court of Appeal declares Finance Act 2023 Unconstitutional

Court of Appeal declares Finance Act 2023 Unconstitutional

Court of Appeal declares Finance Act 2023, that contains deductions on housing levy, unconstitutional

The court’s judgment, detailed in a 120-page document, concluded that the enactment process of the Finance Act, 2023, was fundamentally flawed and violated several constitutional provisions.

The court found that the Finance Act, 2023, contravened Articles 220(1)(a) and 221 of the Kenyan Constitution, as well as sections 37, 39A, and 40 of the Public Finance Management Act (PFMA), which outline the budget-making process.

The case was brought before the court by multiple appellants, including Okiya Omtatah Okoiti and several civil society organisations.

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