Kindiki and 5 Others Sued Days After Implementation of Increased ID and Passport Charges
Doctor Magare Gikenyi, a resident of Nakuru County, who is not affiliated with the government, has submitted a petition aimed at halting the introduction of additional fees for several government documents such as passports and identification cards.
In the document acquired by Gossipa2z.com, the physician has filed a lawsuit against Kithure Kindiki, who serves as the Interior Cabinet Secretary, Njuguna Ndung’u, the Treasury Cabinet Secretary, Justin Muturi, the Attorney General, along with the National Assembly, the Senate, and the director of CRS at the Ministry of Interior.
Gikenyi, as stated in the lawsuit, contends that Kindiki announced the enforcement of the fees without carrying out sufficient public involvement as mandated by the law.
He asserts that the public involvement facilitated by the Interior Ministry was merely superficial.
“That the said amounts were increased arbitrarily without any formula or meaningful & meaningful public participation whatsoever.”Public participation allegedly conducted by the respondents are for cosmetic purposes,” read part of the petition.
Gikenyi stated that the respondents falsely conducted public participation by having the County commissioner and specific officers pretend to engage in it, a practice he believes contravenes the Constitution.
He additionally voiced dissatisfaction over the government’s decision to raise the fees by up to twentyfold.
Gikenyi provided an example of individuals who were not previously registered and will now have to pay Ksh300, whereas before they paid nothing. He believes that these fees are beyond the means of many Kenyans.
He restated that the nation’s economy was declining and that implementing such charges was burdening Kenyans beyond what they could handle.
“Instead of government making austerity measures, they have gone to introduce illegal charges more while themselves are in a globe throttling mode,” the doctor stated.
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Moreover, the medical professional stressed that the cabinet secretary and other authorities lacked the authority to raise fees unless they adhered to the directives specified in Article 10 of the Constitution.
Article 10 of the Constitution touches on national values and principles of governance.
“The national values and principles of governance in this Article bind all State organs, State officers, public officers, and all persons whenever any of them applies or interprets this Constitution, enacts, applies or interprets any law, or makes or implements public policy decisions,” reads part of the article.
He observed that the ministry’s decision to proceed with its plan to implement the new fees was illogical and unjustifiable.
He further mentioned that the execution could potentially prevent numerous Kenyan citizens from obtaining crucial documents like identification cards, as well as birth and death certificates.
Gikenyi additionally criticized both the Senate and National Assembly for their inability to safeguard Kenyans from what he labeled as an uncontrolled executive branch.
The request was submitted to the Nairobi High Court, where Justice Lawrence Mugambi instructed all parties to submit their replies within a week. Additionally, he mandated that the application and petition must be delivered within the same timeframe.
“Leave is granted to the applicant to file a rejoinder within seven days from the date of the receipt of responses,” the judge ruled.
Further directions shall be given on April 24, 2024.
Following a circular issued by CS Kindiki on February 29, government officials were notified that new fees would take effect starting March 1, 2024.
CS Kindiki pointed out that the ministry had engaged in public consultation for a period exceeding one month.
Kindiki and 5 Others Sued Days After Implementation of Increased ID and Passport Charges