The Kenyan government has suffered a major legal setback after the High Court declared President William Ruto’s directive requiring parents to pay school fees via the eCitizen platform unconstitutional and illegal.
Delivering the ruling on Tuesday, Justice Chacha Mwita faulted the government for failing to engage the public before implementing the policy.
“The government failed to involve the public in the decision-making process, and this lack of consultation undermines the integrity of the directive,” Justice Mwita stated.
He further ruled that any transaction fees imposed on parents for school fees payments were unlawful.
“A decision of such magnitude should have been preceded by open dialogue with those who will bear the consequences,” he added.
Government Directive Quashed
The court officially nullified a letter issued by then-Education Principal Secretary Belio Kipsang on January 31, 2024, directing national school principals to enforce the eCitizen school fees payment system.
Justice Mwita also issued an injunction barring Treasury Cabinet Secretary John Mbadi, ICT CS William Kabogo, and Education CS Migos Ogamba from implementing the directive.
“The Cabinet Secretaries and their agents are hereby prohibited from charging any administrative, convenience, or transaction fees, including the KSh50 levy or any additional charges related to the e-payment system,” the judge ruled.
Petitioner Slams Government’s Approach
The case was filed by Nakuru-based doctor Magare Gikenyi, who argued that the government’s directive was illegal and unconstitutional due to a lack of public participation.
“The programme was done without any public participation. The convenience fee of KSh50 per transaction was arrived at capriciously, whimsically, and without any iota of public participation,” Dr. Gikenyi told the court.
He further criticized the transaction fee, calling it “absurd” and “irrational.”
“Imagine a parent paying KSh30 for their child’s lunch at a public school and then being forced to pay an additional KSh50 just for the transaction. That is a total of KSh80, nearly triple the actual cost,” Gikenyi argued.
The petitioner also expressed concerns over how rural parents would cope with the directive.
“How will parents in rural areas cope with this digital mandate? Many of them still trade in kind and are not familiar with online platforms,” he stated.
Government Defends eCitizen Platform
The government, through the Ministry of Education, defended the eCitizen school fees policy, arguing that it was meant to enhance transparency and reduce corruption.
The Treasury, ICT, and Education Cabinet Secretaries claimed the platform was legally established and would make payments more accessible for parents.
However, the court was not convinced. Justice Mwita questioned the ownership and operational control of the eCitizen platform, stating that the government failed to provide clarity on how collected funds were managed.
“While the government claims control over the eCitizen platform, no documentation has been provided to prove that the platform is fully operated by the government of Kenya,” he ruled.
“The government has not shown that any agreement was made with the private entity managing the platform, nor has it disclosed whether this entity is compensated for its services.”
Digital Payment System Excludes Rural Parents
The judge also raised concerns about the practicality of the eCitizen directive, particularly for parents in rural areas who lack internet access.
“The payment of school fees is not payment for government services. It should be done in a manner that accommodates all families, not just those with easy access to the internet,” Justice Mwita declared.
The ruling has been widely welcomed by parents, school heads, and civil society groups, who have argued that the directive was rushed without adequate consultation.
The government is now expected to respond to the judgment and outline its next steps regarding school fees payments.
