High Court judge Mugure Thande has declined to drop the orders suspending the Finance Act 2023.

The judge ruled that the petitioners have proved that they have a case adding that if the orders were to be lifted the public stands to suffer.

"The petitioners have proved that they have a prima facie case, there's merit in granting conservatory orders," the judge noted.

Judge Thane gave directions that the file be forwarded to Chief Justice Martha Koome to appoint a three-judge bench who will hear and determine the matter.

Further while declining to delve into the merits of the case the judge noted that if the orders are not reserved then there's danger in rendering the case as nugatory and an academic exercise.

Similarly, the judge said that lifting the conservatory orders will be against the public as there will be a real risk of the public being subjected to unconstitutional laws that have been challenged.

In the case, Busia senator Okiya Omtatah and others moved to court to challenge the Finance Act 2023, saying that it was unconstitutional.

The state, through the AG's lawyers led by Githu Muigai wanted the orders granted two weeks ago lifted.