The government has suffered a significant legal setback after the High Court declared the directive requiring parents to pay school fees through the eCitizen platform unconstitutional. In a ruling delivered on Tuesday, Justice Chacha Mwita noted that the directive, which was issued in January 2024 by then Education Principal Secretary Belio Kipsang, lacked a legal foundation and had been implemented without public participation.
The court’s decision prohibits the government from enforcing the controversial directive, which had mandated that all school fees be paid through the eCitizen platform. Justice Mwita pointed out that the directive’s implementation was a violation of the constitutional requirement for public participation, a critical component in the creation of policies that affect citizens. He also criticized the imposition of a Ksh.50 convenience fee on transactions, ruling that it lacked legal justification and amounted to double taxation.
The court also raised concerns about the eCitizen platform’s integrity and transparency. Justice Mwita expressed doubts regarding the collection and disbursement of funds through the platform, as it remains unclear who ultimately collects the money and where it is deposited. The judge further emphasized that school fees are not government revenue, and it made no sense for parents to be compelled to use a platform that also imposes a charge to sustain it.
The case was brought before the court by Dr. Magare Gikenyi, a Nakuru-based doctor, who argued that the directive was unjustified, particularly since no legal framework existed for the management or utilization of the funds collected. He also questioned the fairness of imposing a fee on parents, especially those who pay in kind, such as by providing foodstuffs like maize or beans.
In defense, the government argued that the eCitizen platform was constitutional and necessary to improve accountability. However, the court disagreed and denied the government’s request for a 90-day stay to file an appeal, ensuring the ruling stands for now. This legal development is a significant blow to the government’s push for a centralized school fees payment system.
