The High Court has nullified the government’s directive requiring parents to pay school fees through eCitizen, saying it is unconstitutional.
Justice Chacha Mwita also quashed a January 2024 circular issued by then Education Principal Secretary Belio Kipsang, which contained the directive.
The court ruled that the directive was implemented without adequate public participation and partners’ engagement, thus violating constitutional provisions.
Justice Mwita also found that the Sh50 convenience fee imposed on transactions on e-Citizen has no legal basis.
The court noted that the fee amounted to double charge and that the government is forcing people to use a system they did not ask for and making them pay to sustain it.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it. This is irrational and unconscionable,” the judge said.
He said there is no explanation regarding who would receive the convenience fee and what it is used for, thus making the charge unlawful.
The case was filed by Nakuru-based surgeon Dr Magare Gikenyi, who argued that there is no legislation or framework guiding how the funds are utilised or returned to the end users.
The petitioner also questioned the rationale behind the Sh50 transaction fee, saying it could disadvantage parents who pay fees in kind. It was also his argument that compelling parents to pay fees via e-Citizen was arrived at without public participation and was against statutory and constitutional safeguards.
“There was no legal basis for directing parents to pay school fees through the e-Citizen platform as the directive was issued without partners’ engagement in the education sector in violation of the constitution,” Justice Mwita ruled.
He said the directive did not take into account parents who cannot access internet services and have no mobile phones.
“The directive causes potential indirect discrimination,” Justice Mwita said.
