The government has faced a setback after the High Court ruled that the directive mandating parents to pay school fees through the eCitizen platform is unconstitutional.
In January 2024, former Education Principal Secretary Belio Kipsang issued a circular directing that all school fee payments be made exclusively through the eCitizen platform.
However, on Tuesday, Justice Chacha Mwita delivered a ruling prohibiting the government from enforcing this directive. The judge stated that the decision lacked public participation before its implementation, which is a legal requirement. Furthermore, he noted that the imposed Ksh.50 convenience fee has no legal basis.
"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," the court ruled.
The court also raised concerns about the integrity and transparency of the eCitizen platform, pointing out that it is unclear who collects the funds and where they are deposited. Justice Mwita emphasized that imposing an additional fee on parents is tantamount 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 initiated by Dr. Magare Gikenyi, a medical practitioner based in Nakuru. He argued that there is no legislation or framework to guide the utilization or return of the collected funds to end users. Additionally, Dr. Gikenyi questioned the justification of the Ksh.50 transaction fee and argued that the directive could disadvantage parents who pay fees in kind, such as through maize or beans.
In its defense, the government maintained that the eCitizen platform is constitutional, asserting that the transaction fee is necessary to sustain the system and promote accountability.
Despite the ruling, the court declined the government's request to suspend its orders for 90 days to allow for an appeal.