The High Court has declined a request to have National Assembly Speaker Moses Wetang’ula and his Senate counterpart Amason Kingi cross-examined in relation to their affidavits in the case against the implementation of the Finance Act.
Busia Senator Okiya Omtatah has challenged the legality of the new tax measures arguing the bill did not pass through the Senate as required of laws that touch on counties.
However, both Wetang’ula and Kingi have sworn affidavits saying there was concurrence.
Omtatah is specifically challenging the housing tax saying housing is a devolved function hence the bill ought to have been discussed by Senators.
“There is a need to have the Speaker of the Senate cross-examined because what he has deponed in his affidavits are lies. I am a sitting Senator and there was never such concurrence,” Omtatah said.
Second petitioner Eliud Matindi also sought to have Wetang’ula cross-examined over the same.
Lawyers acting for both Wetang’ula and Kingi opposed the application saying what the House leaders said in their affidavits were factual and supported by evidence hence the court should determine them on that basis.
Judges David Majanja, Christine Meoli and Lawrence Mugambi in a brief ruling summarily dismissed those applications. BY THE STAR