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***The Court of Appeal Decision on the Implementation of the 2023 Finance Act***

In a recent development, the Court of Appeal has overturned the order that suspended the implementation of the 2023 Finance Act. The suspension, which was imposed on June 30, has been lifted pending the determination of an appeal filed by Treasury CS Prof Njuguna Ndung’u. The decision comes after Prof Ndung’u argued that the government was losing half a billion shillings per day due to the freeze. The Court of Appeal, comprising of a three-judge bench, made the ruling in favor of the CS, stating that the government would lose approximately Sh211 billion in the current financial year if the suspension continued.

Prof Ndung’u, through Attorney General Justin Muturi, moved to the Court of Appeal seeking to overturn the suspension. He emphasized that the freeze would make it challenging for the Kenya Kwanza administration to execute the 2023/24 budget as planned. Furthermore, he noted that some projects would have to be put on hold if the government was not allowed to raise revenue as proposed in the bill. The Court of Appeal agreed with the CS’s arguments, highlighting the interdependence of the Finance Act, which facilitates revenue generation, and the Appropriation Act, which deals with expenditure. They stated that there could be no expenditure without a means of generating funds.

The judges acknowledged Prof Ndung’u’s estimation that the government would generate Sh211 billion at a daily rate of Sh500 million. Although the actual figures were disputed, the judges affirmed that revenue collection was intended to take place with the operationalization of the Finance Act. Consequently, they ruled in favor of lifting the suspension.

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