NAIROBI, Kenya, Apr 1 – The High Court has declared the government’s directive requiring parents to pay school fees through the eCitizen platform as unconstitutional.
In his ruling, Justice Chacha Mwita indicated that there was no public participation in the matter and prohibited the government from enforcing the directive.
He further pointed out that there was no legal basis on the Sh50 convenience fee imposed on transactions.
“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,” he ruled.
The court further questioned the integrity and transparency of the eCitizen platform, stating that it is unclear who collects the funds and where they are deposited.
Justice Mwita emphasized that charging parents an additional fee amounts 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 filed by Nakuru-based Dr. Magare Gikenyi, who argued that there is no legislation or framework guiding how the funds are utilized or returned to the end users.
He also questioned the rationale behind the Sh50 transaction fee and pointed out that the directive could disadvantage parents who pay fees in kind, such as by providing maize or beans.
In response, the government defended the directive, arguing that the e-Citizen platform is constitutional, and that the transaction fee was necessary to sustain the system and enhance accountability.
