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Court halts implementation of new passport, ID card charges

The Supreme Court building in Nairobi.

By Anas Mohamed | Thursday, November 9, 2023

The High Court in Nairobi, presided over by Justice Lawrence Mugambi, issued orders in response to a petition filed by Nakuru-based surgeon Magare Gikenyi.

The High Court in Nairobi, presided over by Justice Lawrence Mugambi, issued orders in response to a petition filed by Nakuru-based surgeon Magare Gikenyi. Gikenyi had approached the court seeking relief after Interior Cabinet Secretary Kithure Kindiki announced that the issuance of ID cards would no longer be free. Under the new policy, first-time applicants would be required to pay Sh1000, while the charges for replacing lost cards were increased by 20 percent to Sh2000.

In his petition, Gikenyi argued that the new charges were arbitrary and unaffordable for many Kenyans. Urging the court to treat the matter as urgent, he requested conservatory orders to halt the implementation of the new fees. The court order stated, "A conservatory order be and is hereby issued suspending Gazette Notices No. 15239-15249 dated November 6, 2023, and any other document purporting to give authority to increase or review the charges/fees/levies specified therein pending the hearing and determination of the application inter-partes."

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Gikenyi's lawsuit named Cabinet Secretaries Njuguna Ndungu (Treasury) and Kithure Kindiki (Interior), the National Assembly, and the Attorney General as respondents. The court directed that they be served within three days. The urgency of the matter led to its certification as urgent, with a mention set for November 29 to provide further directions.