Treasury Cabinet Secretary John Mbadi is under scrutiny after a doctor based in Nakuru, Dr. Magare-Gikenyi Benjamin, filed a contempt application seeking to have him punished for allegedly defying a court order that halted the collection of the Sh50 “convenience fee” on the eCitizen platform.
In a supporting affidavit submitted on November 21, 2025, Dr. Magare, who is a consultant and general surgeon, accused the National Treasury of openly violating court directives by continuing to impose the charges despite a ruling from the Court of Appeal delivered that same day.
Dr. Magare stated that a three-judge bench, comprising Justice D.K. Musinga, Justice F. Tuiyott, and Lady Justice Pauline Nyamweya, dismissed an application by the government seeking to stay the execution of a High Court judgment issued on April 1, 2025. This April decision had declared the Sh50 transaction fee unconstitutional.
“The dismissal means there is no legal basis for the respondents’ continued collection of the Sh50 convenience, transaction, or access fee from Kenyans,” the affidavit asserts.
Nakuru Doctor Wants CS Mbadi Jailed Over KSh50 eCitizen Fee
Dr. Magare accused the government of acting with “impunity,” citing an admission in a replying affidavit sworn on November 4, 2025, by Treasury CS John Mbadi, which acknowledged that the orders had not been complied with.
He argued that the respondents, namely the Treasury CS, the National Treasury, and the Attorney General, must be cited for contempt, emphasizing that obedience to court orders is a constitutional obligation.
“All Kenyans must obey the law. This is not Animal Farm, where some animals are more equal than others,” he remarked.
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The case has also attracted public interest from various parties, including the Council of Governors, the Kenya Secondary School Heads Association, the Kenya Primary School Heads Association, the Kenya Parents Association, the Consumer Federation of Kenya, KUPPET, the Law Society of Kenya, Operation Linda Jamii, and the Office of the Auditor General.
Court Halts Payment of Fees Through the eCitizen Platform
Elsewhere, a High Court ruling on November 21, 2025, made by Justice Chacha Mwita, declared the KSh 50 convenience fee and the mandatory school fee payment directive unconstitutional on several grounds.
It concluded that these fees and directives were implemented without a proper legal framework or statutory guidelines.
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Furthermore, there was inadequate engagement with the public and stakeholders (such as parents and school heads), which violated constitutional principles. The system was also found to be potentially discriminatory against parents who may not have access to smartphones, the internet, or who pay fees in kind (e.g., with farm produce).
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