High Court stops Gov’t directive on payment of school fees via eCitizen

The High Court in Nairobi has temporarily halted a recent government directive for parents to pay school fees for their children through the eCitizen platform.

Milimani Law Courts Judge Chacha Mwita issued the order on Wednesday following a petition filed by Nakuru doctor Magare Gikenyi on Tuesday.

Justice Mwita hence suspended the circular by Education Principal Secretary Belio Kipsang pending further directions to be issued in the case on February 13, 2024.

“An interim conservatory order is herby issued suspending the Circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated 31st January 2024, requiring parents/guardians and or students to pay fees and or any other levies for all government learning institutions through e-citizen platform or any other digital platform(s) until 13th February 2024, when the court will issue further directions in this petition,” ruled the judge.

A memo to all national school principals dated January 31, 2024 and signed by PS Kipsang directed institution heads to shares chool bank account details with the office of the State Department's Director General by Tuesday, February 6, 2024.

This, the PS said, was part of the government’s efforts to onboard all government services onto the e-Citizen platform to enhance service delivery.

This came on the backdrop of a directive given by Treasury Cabinet Secretary Prof. Njuguna Ndung'u that all government services would be onboarded on the eCitizen platform and every service will have access fees effective December 14, 2023.

Dr. Gikenyi, a consultant trauma and general surgeon working for the county government of Nakuru, however moved to court to challenge the initiative which he termed as illegal, arguing that it violated the principles of good governance.

According to him, parents in rural areas who had been accustomed to paying school fees via non-monetary means (trading maize and beans to the school) will be “locked out through this unfair administrative action.”