Nairobi, April 1- The High Court has declared unconstitutional the government’s directive requiring parents to pay school fees through the eCitizen platform, dealing a major blow to its implementation.
The ruling, delivered by Justice Chacha Mwita on Tuesday, prohibits the government from enforcing the directive, citing a lack of public participation. The court also found no legal basis for the Ksh.50 convenience fee imposed on transactions.
“It is unlawful to mandate fee payments through eCitizen without public input. School fees are not government revenue and should not be collected through a national system,” the judge ruled.
Concerns were also raised about the transparency of eCitizen, with the court questioning who collects the funds and how they are managed. Justice Mwita argued that charging parents an additional fee amounts to double taxation.
“It is unreasonable for the government to compel parents to use a specific platform and then require them to pay to sustain it,” he added.
The directive was issued in January 2024 by then-Education Principal Secretary Belio Kipsang, instructing all school fees payments to be processed exclusively through eCitizen.
The case challenging the directive was filed by Nakuru-based Dr. Magare Gikenyi, who argued that there is no legal framework governing how the funds are utilized or refunded. He also criticized the Ksh.50 transaction fee and pointed out that the policy could disadvantage parents who pay fees using goods such as maize or beans.
In response, the government defended the directive, insisting that the eCitizen platform is constitutional and that the transaction fee was necessary to sustain the system and ensure accountability.
Despite the government’s request, the court declined to delay the implementation of its ruling for 90 days to allow for an appeal.
