By Samuel Ouma
Kenyan Senator Okiya Omtatah has moved to court seeking an order to stop the Finance Bill 2023 spearheaded by the government from being assented to law.
In a suit filed under a certificate of urgency, Senator Omtatah argued that the Bill, which has caused uproar in the country, is unconstitutional and intended to breach Kenyans' constitutional rights.
The Senator slammed required pay deductions to assist President William Ruto's Affordable Housing initiative, claiming that they will add to the misery of Kenyans already struggling with high living costs.
“Section 76 of the Bill threatens socio-economic rights (Article 43) to the extent that, if made law, the fund will require a 3 per cent reduction in basic salary for employees and a 3% contribution from employers, thereby reducing worker’s purchasing power as it increases business operating costs,” read the petition in part.
“Section 76 of the Bill threatens the freedom to own property (Article 40(1)) by proposing to compel civil servants to participate in a mandatory tax scheme disguised as a means to facilitate property acquisition."
Omtatah claimed that the Bill should have been debated in both the Senate and the National Assembly before being tabled.
He voiced concern that the Bill would be passed by the National Assembly without the involvement of the Senate, allowing Ruto to approve it to become a law.
The Busia Senator also sued Treasury Cabinet Secretary Njuguna Ndung'u and Attorney General Justin Muturi, the government advisers.
“The Treasury has been sued herein for having violated Articles 3(1) and 153(2)(a) of the Constitution by presenting to the National Assembly the Finance Bill 2023 parts of which threaten to violate express provisions of the Constitution of Kenya 2010 and the principles of natural justice, and to undermine Kenya’s economic organisation,” read the petition further.
Regarding the Bill, several civil servants have threatened to take to the streets to protest against the Bill, especially the section that proposes the deduction of 3 per cent from their salaries to support the affordable housing project.