A case seeking to have the 2021/22 national budget quashed and declared unconstitutional will now be heard on June 29.

This is after High Court judge James Makau certified the matter filed by activists Okiya Omtatah and Wanjeri Nderi as urgent and ordered it be heard before Justice Antony Mrima.

“That the matter is certified urgent and the same be mentioned on June 26 before trial judge Justice Mrima for directions and any further orders,” directed Justice Makau. 

He further ordered the National Treasury, Attorney General (AG) and Parliament, who are listed as respondents to file responses to the case within seven days. 

Last Friday, the activists filed a petition seeking temporal injunction prohibiting the Treasury, AG and Parliament from considering, implementing or giving effect in any way to the budget that was read on Thursday by Cabinet Secretary Ukur Yatani.

“Pending the inter partes hearing and determination of this petition, the court be pleased to issue and hereby issues a temporary injunction prohibiting the respondents and their agents and any persons howsoever acting from considering, implementing or giving effect in any way whatsoever or howsoever to the National Budget for the Financial Year 2021/22,” they petitioned.

They want the orders granted on grounds that the budget is unlawful and unconstitutional, saying it significantly deviates by Sh608.85 billion from the Sh3.023 trillion Budget Policy Statement ceiling approved by Parliament.

They are also arguing that the budget violates requirement for the development component of it to be at least 30 per cent of the total.

“It violates the requirement that the deficit should not be more than the development component,” they say.