Why High Court dismissed petition to stop 2019 Budget reading


Why High Court dismissed petition to stop 2019 Budget reading

In Summary

  • The Kenya Human Rights Commission and three other petitioners had moved to court claiming the Revenue bill was yet to be passed by Parliament hence the budget reading exercise would be illegal
  • Dismissing the application, Judge James Makau ruled that the petitioners had failed to present enough evidence, adding that failure to grant the orders would not amount to denial of justice to the public.

The High Court on Thursday declined an application by a group of civil societies who were seeking  to stop the reading of the 2019/2020 budget.

The Kenya Human Rights Commission and three other petitioners had moved to court claiming the Revenue Bill, 2019 was yet to be passed by Parliament hence the budget reading exercise would be illegal

Dismissing the application, Judge James Makau ruled that the petitioners had failed to present a strong case, adding that failure to grant the orders would not amount to denial of justice to the public.

The commission, through advocate Haggai Chimei, claimed debate on the Revenue Bill 2019, which dictates sharing of revenue at the national and county level.

“The tabling of the budget estimates without incorporation of the devolution of Revenue Bill 2019, is illegal and unconstitutional since the process under article 218 and 221 of the constitution are to be conducted within the same time frames,” the petition read.

The organizations wanted a declaration that the tabling of the budget estimates by the Treasury Cabinet Secretary without incorporation of the said bill be declared illegal and unconstitutional.

Hearing of the petition was set for July 2, 2019.

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