High Court declares government’s eCitizen school fees directive unconstitutional
The court also took issue with the Sh50 convenience fee imposed on transactions, declaring that it has no legal basis.
The government’s directive to pay school fees via the eCitizen platform is unconstitutional, the High Court has ruled.
In a ruling on Tuesday, Justice Chacha Mwita prohibited the government from enforcing the directive, which had been introduced by the then Education Principal Secretary Belio Kipsang in January 2024.
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The directive had mandated that all school fee payments be processed through the e-Citizen platform.
Justice Mwita found that the directive lacked a legal foundation and was implemented without the necessary public participation.
“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,” Justice Mwita ruled.
The court also took issue with the Sh50 convenience fee imposed on transactions, declaring that it has no legal basis.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it,” Justice Mwita said, highlighting that the additional fee amounted to double taxation.
Transparency
The court raised further concerns regarding the transparency of the eCitizen platform, questioning the integrity of the system. It noted that it remains unclear who collects the fees and where the funds are deposited.
The case was filed by Nakuru-based doctor Magare Gikenyi, who argued that there was no legislation or framework governing the use or return of the funds collected through the platform. Gikenyi also pointed out that the directive could disadvantage parents who pay school fees in kind, such as through donations of maize or beans.
In response, the government defended the directive, asserting that the eCitizen platform is constitutional. They argued that the Sh50 transaction fee was necessary to sustain the platform and enhance accountability within the system.
The court also declined the government’s request to stay its orders for 90 days, rejecting the plea to allow time for an appeal.
The ruling comes at a time when the government is pushing for the digitisation of the entire education system.
Last year, the Cabinet approved a plan to digitalise Kenya’s education system at all levels to combat fraud, including unauthorised school fees and mismanagement of government funds.
The government expressed hope that this digital transformation would address governance challenges, including the enrollment of ghost students.
The ruling serves as a setback for the government’s plans to implement the eCitizen platform as a central tool for managing school fee payments across the country.
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