High Court Overturns Government’s Directive on School Fees Payments Through eCitizen
The High Court has declared the government’s directive, which required parents to pay school fees through the eCitizen platform, unconstitutional. Justice Chacha Mwita ruled that the directive, issued in January 2024 by then-Education Principal Secretary Belio Kipsang, lacked adequate public participation and consultation with key stakeholders, thus violating the constitutional rights of citizens.
Justice Mwita emphasized that the Sh50 convenience fee imposed on transactions via eCitizen was unlawful, as it had no legal basis. The court pointed out that the fee represented a double charge and argued that the government should not force citizens to use a platform and pay a fee to maintain it without any clear explanation of where the funds are going.
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The case was brought forward by Nakuru-based surgeon, Dr. Magare Gikenyi, who contended that there was no legislation or clear framework on how the funds collected through the platform were being utilized or returned to the users. Dr. Gikenyi also raised concerns that the fee could unfairly disadvantage parents who prefer to pay school fees in kind rather than through the platform.
In its ruling, the court found that the government’s directive failed to consider the needs of parents who have limited access to the internet or mobile phones, potentially leading to indirect discrimination. Justice Mwita noted that the directive was implemented without proper engagement with education sector partners, which violated constitutional principles.
“The directive is irrational and unconscionable,” Justice Mwita stated, as it lacked transparency and ignored the challenges faced by a significant portion of the population. The ruling sends a strong message about the importance of ensuring public participation and following legal procedures when implementing such policies.
High Court Overturns Government’s Directive on School Fees Payments Through eCitizen
