Directive to pay school fees on eCitizen is unconstitutional, court declares

In January 2024, then Education Principal Secretary Belio Kipsang, via a circular directed all payments of school fees to be done on the eCitizen platform. 

Justice Chacha Mwita, delivering a ruling on Tuesday, prohibited the government from enforcing the directive, stating that there was no public participation before its implementation. He also noted that the Ksh.50 convenience fee imposed on transactions has no legal basis.  

"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 court ruled.  

The court further questioned the integrity and transparency of the eCitizen platform, noting that it is unclear who collects the funds and where they are deposited. Justice Mwita emphasized that charging parents an additional fee amounts to double taxation.  

"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 judge remarked.  

The case was filed by Nakuru-based Doctor Magare Gikenyi, who argued that there is no legislation or framework guiding how the funds are utilized or returned to the end users. 

He also questioned the rationale behind the Ksh.50 transaction fee and pointed out that the directive could disadvantage parents who pay fees in kind, such as by providing maize or beans.  

In response, the government defended the directive, arguing that the e-Citizen platform is constitutional and that the transaction fee was necessary to sustain the system and enhance accountability.

Meanwhile court declined to stay it's orders for 90 days to allow respondents file an appeal.