The High court has suspended the implementation of these Finance Bill 2018 on grounds that the government will not compensate for the money they collect while the case is ongoing.
High Court Judge Wilfrida Okwany said that if the case is heard and the court finds that the implementation of the bill is constitutional, there will be no prejudice to the respondents since the bill will be immediately implemented.
If on the other hand, the court at the end finds that it is unconstitutional there will be no practical way of compensating Kenyataxpayersrs.
CS Henry Rotich invoked the Excise Duty Act, 2015 that any changes to the rates of excise duty be adjusted on July 1 of every year.
This is despite members of Parliament having 90 days since the day Rotich read his budget speech to interrogate other tax changes proposed by Treasury in the Finance Bill, 2018.