Kenya’s High Court has declared the government’s directive requiring school fees to be paid exclusively through the eCitizen platform as unconstitutional. The ruling, delivered by Justice Chacha Mwita, cited lack of public participation, transparency issues, and an illegal KES 50 convenience fee as key reasons behind the decision.
The case was brought forward by Nakuru-based activist Dr. Magare Gikenyi and the Law Society of Kenya (LSK), who challenged the directive issued in January 2024. The directive had instructed parents to pay all school-related fees through the eCitizen platform.
⚖️ Judge Cites Public Participation and Legal Basis
In his ruling, Justice Mwita emphasized that the directive:
- Had no legal foundation
- Was issued without stakeholder engagement
- Treated school fees as public revenue, which they are not
“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,” the judge noted.
💸 KES 50 Fee Deemed Illegal
One of the most contentious aspects was the KES 50 convenience fee levied on each transaction made through eCitizen.
Justice Mwita ruled:
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it.”
The court categorized this as a form of double taxation and said the fee lacked any legislative backing.
👨👩👧👦 Impact on Parents and the Public
Dr. Gikenyi also highlighted how the directive overlooked the realities of rural parents who often pay school fees in kind (such as with maize or beans). The court recognized this issue, suggesting that the platform’s exclusive use could marginalize vulnerable communities.
Further, the court expressed concerns over the transparency of fund collections via eCitizen, including where and how those funds were being held or processed.
📝 Final Thoughts
This landmark eCitizen school fees ruling sends a strong message about the importance of public participation, legal safeguards, and fiscal transparency in implementing digital public services.
With the directive now overturned, the government is expected to review its policy approach — ensuring that future digital transitions are inclusive, lawful, and cost-justified.
