The High Court through a ruling by Justice Chacha Mwita today April1,2025 has declared the government’s directive requiring parents to pay school fees through the e-Citizen platform as unconstitutional.
This is according to a case filed by Nakuru-based Dr. Magare Gikenyi, who had argued that there is no legislation or framework guiding how funds are utilized or returned to the end users.
In his ruling, the High Court judge prohibited the government from enforcing the directive ,stating that there was no public participation in the matter that was set before the court.
“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 declared.
Mwita further pointed out that there was no legal basis on the KShs.50 convenience fee that was set to be imposed on transactions via the e-Citizen further emphasizing that charging parents an additional fee amounts to double taxation.
The court further went on to question the integrity and transparency of the e-Citizen platform, stating that it is unclear who collects the funds and where they are deposited.
“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 criticised.
Dr.Gikenya who had filed the case also questioned the rationale behind the KShs.50 transaction fee and pointed out that the directive could disadvantage parents who pay fees in kind, such as by providing maize or beans.
In its defense, the government in support of the directive, argued that the e-Citizen platform is constitutional, and that the transaction fee is a necessary in sustaining the system and enhancing its accountability.
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