Okiya Omtatah reacts to transfer of judge who suspended Finance Act 2023

The judge who initially blocked the implementation of the Finance Act 2023, Justice Mugure Thande has been transferred along with 12 other judges.

The transfers were announced in a memo by High Court Principal Judge Eric Ogola on August 8.

Justice Thande has transferred from Milimani Constitutional & Human Rights Division to the High Court in Malindi.

Some have speculated that the transfers may be related to the recent judgment by Justice Thande, which blocked the implementation of the Finance Act 2023.

The Finance Act 2023 was passed by the National Assembly and signed into law by President William Ruto in June 2023.

Busia Senator Okiya Omtatah who filed the case challenging the constitutionality of the Finance Act 2023, has read mischief in the transfer.

"It has come as a shock to me that Justice Mugure Thande has been transferred. Even though it might be a normal procedure, she should not have been transferred so soon. 

"I don't think the judge has already served three years as supposed to be, but I will confirm...I'm not sure," Omtatah told The Star. 

In July, the Court of Appeal lifted the suspension of the Finance Act 2023 and the case was transmitted to a three-judge bench which will start hearing the case on September 13 and 14.

The three-judge bench includes Justices David Majanja, Lawrence Mogambi and Christine Meoli.

In the recent transfers, Justice Majanja has been transferred from the commercial and tax division to the civil division. 

Other judges who were transferred include ;