NAIROBI, Kenya – The government has suffered a setback after the High Court ruled that the directive requiring parents to pay school fees through the eCitizen platform is unconstitutional.
In a ruling delivered on Tuesday, Justice Chacha Mwita prohibited the government from enforcing the directive, stating that there was no public participation before its implementation.
He also noted that the Ksh.50 convenience fee imposed on transactions has no legal basis.
In January 2024, then Education Principal Secretary Belio Kipsang issued a circular directing that all school fees payments be processed through the eCitizen platform.
However, the court found that the directive lacked a legal foundation and was implemented without public input.
“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,” Justice Mwita ruled.
The court further raised concerns about the integrity and transparency of the eCitizen platform, questioning who collects the funds and where they are deposited.
Justice Mwita emphasized that imposing an additional charge on parents 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 remarked.
The case was filed by Nakuru-based doctor Magare Gikenyi, who argued that no legislation or framework governs the utilization or refunding of the funds.
He also challenged the rationale behind the Ksh.50 transaction fee and highlighted that the directive could disadvantage parents who pay school fees in kind, such as by providing maize or beans.
In its defense, the government maintained that the eCitizen platform is constitutional and that the transaction fee was necessary to sustain the system and enhance accountability.
However, the court declined to stay its orders for 90 days to allow the respondents to file an appeal, effectively halting the enforcement of the directive immediately.
