The High Court has suspended the circular issued by Education PS Belio Kipsang requiring parents to pay school fees through the e-Citizen platform.
Justice Chacha Mwita gave the order on Wednesday following a petition filed against it by a Nakuru-based Dr Magare Gikenyi.
Those sued are CS Treasury, CS Interior, CS Education, Kenya Revenue Authority and the Attorney General.
Justice Mwita noted that the petition has raised fundamental questions warranting his directive.
"That an interim conservatory order is herby issued suspending the Circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated 31st January 2024, requiring parents/Guardians and or students to pay fees and or any other levies for all government learning institutions through e-citizen platform or any other Digital platform(s) until 13th February 2024, when the court will issue further directions in this petition."
Magare told the court that forcing parents to pay their school fees through eCitizen without their public participation is irrational.
He argued that there is currently no legislation or framework that will guide how the said funds are utilized and sent back to the end users.
He said the transaction fee of sh 50 per transaction was arrived at curiously.
He said the administrative action by the government is unfair citing an example where parents who pay fees in kind (by providing maize or beans directly to the school in exchange for fees), will be locked.
"How will parents in rural setups who can’t get these digital services cope?" he posed.
Justice Mwita directed Magare to serve his papers to the respondents and come back to court on February 13 for further directions.
