The High Court has dealt a major blow to the government over its directive requiring parents to pay school fees through the eCitizen platform.
Justice Chacha Mwita, while delivering the ruling on Tuesday, April 1, declared the move unconstitutional.
He further prohibited the government from enforcing the directive, stating that there was no public participation before its implementation.
The judge also noted that the Ksh50 convenience fee imposed on transactions has no legal basis.
“The directive lacks a legal foundation and was issued without public participation. School fees are not government revenue to be collected through a national platform,” the court ruled.
At the same time, the court questioned the integrity and transparency of the eCitizen platform, noting that it is unclear who collects the funds and where they are deposited.
Court Rules Mandatory School Fees Payment Through eCitizen Unconstitutional
Justice Mwita emphasized that charging parents an additional fee amounts to double taxation.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it,” the judge said.
Also Read: University Student Who Murdered Girl During Revision Session Jailed for 25 Years
The case stems from a petition filed by Nakuru-based activist Magare Gikenyi and the Law Society of Kenya (LSK), who had challenged the government’s directive, arguing that the process lacked adequate public participation and stakeholder engagement.
Magare Gikenyi, opined that there is no legislation or framework guiding how the funds are utilized or returned to the end users.
He also questioned the rationale behind the Ksh.50 transaction fee and pointed out that the directive could disadvantage parents who pay fees in kind, such as by providing maize or beans.
The government defended the directive, arguing that the eCitizen platform is constitutional and that the transaction fee was necessary to sustain the system and enhance accountability.
Meanwhile, the court declined to stay its orders for 90 days to allow the respondents to file an appeal.
Also Read: Court of Appeal Suspends Court Ruling That Nullified University Funding Model
Ruto Vows Payment of School Fees Through eCitizen Won’t Stop
President William Ruto, while speaking in Tokyo last year during a meeting with the Kenyan diaspora, affirmed that the payment of school fees through eCitizen would proceed.
The Head of State expressed concern about resistance to the digitization of government services, attributing it to corrupt cartels.
However, Ruto emphasized that the process would not be stopped.
“Payment of school fees through eCitizen won’t be stopped since it helps eliminate the payment of extra levies by some schools,” Ruto said.
Championing digitization, the President noted that cash payments are prone to abuse, and the aim is to reduce and eventually end such practices.
Ruto also revealed that some individuals were operating personal paybills and collecting government money from Kenyans.
“We have reduced 3,000 government paybills to one. Some people have been operating personal paybills and collecting government money. That will stop,” he stated.
Follow our WhatsApp Channel and X Account for real-time news updates.
