The plea to lift the suspension was made by Prof Ndung’u, who pointed out the adverse effects on government operations without the revenue generation mechanisms in place. The absence of saving provisions in the Finance Act 2023 was also highlighted as it could potentially disrupt already budgeted revenue.
The Court of Appeal further clarified that taxation is a continuous and annual process and any overpaid taxes or levies could be refunded in subsequent tax payments. Moreover, the court asserted its ability to consider suspending specific provisions of the Act that had irreversible effects and could not be refunded, rather than implementing a blanket suspension.
With the suspension lifted, the government can now focus on implementing its budgetary plans with the backing of the Appropriation Act, which remains constitutionally unchallenged.
This pivotal decision by the Court of Appeal has provided much-needed clarity for the government and President Ruto’s administration, enabling them to proceed with their financial operations with greater certainty. Kenyans will be closely monitoring how the government navigates its fiscal path following this crucial ruling.
By: Montel Kamau Serrari Financial Analyst 29th July, 2023
photo source Google
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