Four CSs in fresh legal battle over Sh50 e-Citizen fee
In an application filed at the High Court, Magare-Gikenyi wants National Treasury CS John Mbadi, Interior CS Kipchumba Murkomen, ICT and Digital Economy CS William Kabogo, and Education CS Julius Ogamba cited for contempt.
Four Cabinet Secretaries could be jailed for contempt of court after a Nakuru surgeon accused them of ignoring a ruling that outlawed the Sh50 convenience fee on transactions made through the e-Citizen platform.
In an application filed at the High Court, Magare Gikenyi wants National Treasury CS John Mbadi, Interior CS Kipchumba Murkomen, ICT and Digital Economy CS William Kabogo, and Education CS Julius Ogamba cited for contempt.
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He also seeks similar action against Kenya Revenue Authority (KRA) Commissioner-General Humphrey Wattanga and Attorney-General Dorcas Oduor.
The dispute stems from an April 1 judgment by Justice Chacha Mwita, which barred the government from charging or collecting the Sh50 or any other amount as a convenience, access, or transaction fee for payments made through the platform.
The judge found the levy to be a double charge and said Kenyans and foreigners could not be forced to use a system they had not asked for and then be made to maintain it through extra payments.
Dr Gikenyi claims the officials have continued to impose the fee despite the court’s clear orders.
“The petitioner applicant has learnt that despite the judgement, the respondents have continued charging and collecting the impugned transaction/convenience fee from Kenyans and/or e-citizen platform users, contrary to the law and judgement of this honourable court,” he says in his affidavit.
He argues that the ruling was unambiguous and must be obeyed, stressing that no stay orders have been issued by any competent court.
“Having been delivered, the judgment was meant for obedience and nothing else, unless and until it is set aside by a superior court or reviewed by this honourable court,” he says.
The court had noted that a Sh50 charge is imposed on local transactions or $1 for foreign currency payments unless waived by the National Treasury.
Gikenyi says the persistence in collecting the fee shows a growing trend of disregarding judicial authority, which must be addressed through contempt proceedings.
Justice Mwita’s decision also quashed a directive requiring school fees and other payments for public learning institutions to be made through e-Citizen.
“This is irrational. There was no explanation regarding who would receive the convenience fee and what it is to be used for, making the charge unlawful,” the judge said.
The ruling prohibited the National Treasury, ICT and Digital Economy, and Education ministries from insisting that school fees be channelled through the platform.
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