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High Court extends orders suspending fees payment via eCitizen

Justice John Onyiego terminates the prosecution of Hassan Nur Abbey who was charged with trumped-up charges at the Mandera Law Court (Photo: EV)

By Lucy Mumbi | Tuesday, February 13, 2024

Judge Mwita noted that the government will not suffer any prejudice if the orders are extended to April 17.

The High Court has extended orders blocking the government from collecting school fees via the eCitizen platform.

Milimani Law Courts Judge Chacha Mwita had suspended the circular by Education Principal Secretary Belio Kipsang on February 7, after a petition was filed by a Nakuru doctor Magare Gikenyi.

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The matter is now set to be heard in court on April 17, 2024.

Judge Mwita noted that the government will not suffer any prejudice if the orders are extended to April 17.

According to Gikenyi, the directive is illegal and violates the principles of good governance.

He said parents in rural areas who had been accustomed to paying school fees via non-monetary means (trading maize and beans to the school) would be “locked out through this unfair administrative action.”

The Kenya Union of Post-Primary Education Teachers (KUPPET) and the Law Society of Kenya (LSK) have also voiced their opposition to the government's directive.

Public participation

On Tuesday, KUPPET Secretary General Akelo Misori asked the state to respect court orders adding that there is a need for public participation before the directive is implemented.

Misori argued that the directive is likely to lock out potential students whose parents struggle with fees.

"There is a need for public participation before the directive is implemented. If the directive is implemented without public participation, students from less fortunate families will not go to school," he said.

He said most parents, particularly from rural areas pay school fees using agricultural products.

Misori called on the ministry to explain how such parents who pay fees in kind are going to pay fees on the platform.

"There are also parents who do casual jobs in schools to pay fees for their children. How will they be able to do so on the eCitizen platform?" he posed.

KUPPET and LSK will become the sixth and seventh interested parties in the case.

Others are the Council of Governors, Kenya Secondary School Heads Association, Kenya Primary School Heads Association, Kenya Parents Association and the Consumer Federation of Kenya (Cofek).

In a memo dated January 31, 2024, and signed by PS Kipsang, all institution heads were ordered to share school bank account details with the office of the State Department's Director General by Tuesday, February 6, 2024.

The PS said the digitisation process was part of the government’s efforts to onboard all government services onto the e-Citizen platform to enhance service delivery.