Tax Alert Issue No. 7 of 2024

Supreme Court stays the judgement of the Court of Appeal against Finance Act 2023

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Contents

Court of Appeal Declares Finance Act 2023 Unconstitutional

On July 31, 2024, the Court of Appeal ruled the Finance Act 2023 unconstitutional due to lack of public participation in its amendments.

This decision followed a series of legal battles, starting with President William Ruto’s assent to the Finance Bill 2023 on June 26, 2023.

Petitioners argued the Act’s passage violated procedural norms, leading to a High Court judgement on November 28, 2023, which partially favored the petitioners.

Dissatisfied, the National Assembly appealed, culminating in the CoA’s decisive ruling.

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