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Court blocks e-Citizen directive on school fees

Orders follows an application by Magare Gikenyi who termed the move by the state as illegal

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by Peter Obuya

News07 February 2024 - 19:00

In Summary


  • The payment plan was the latest addition to the pool of other government services offered on the e-citizen platform.
  • Justice Chacha Mwita issued the order following an application made by Nakuru-based Dr Magare Gikenyi who termed the move by the state as illegal.
Court gavel

President William Ruto administration has suffered yet another blow after the High Court temporarily suspended its plans that would have seen parents pay school fees for their children through the e-citizen platform.

The payment plan was the latest addition to the pool of other government services offered on the e-citizen platform.

Justice Chacha Mwita issued the order following an application made by Nakuru-based Dr Magare Gikenyi who termed the move by the state as illegal.

On January 31, Education PS Belio Kipsang wrote a circular to all principals to the effect that all parents must pay school fees through e-citizen platform.

Earlier on, Treasury CS Njuguna Ndung’u , through a gazette notice had introduced Sh50 for every transaction done on e-citizen.

This has been dubbed as the convenience/transaction fee.

But Gikenyi told the court that all this so called good programme of improving service delivery through e-citizen was done without any public participation whatsoever.

“The so called convenience fee/transaction fee of Sh50 per transaction was arrived at impulsively, without any formula and without any iota of public participation,” he said.

He said there is no clear road map where there Sh50 fees goes and how it's budgeted and appropriated.

Gikenyi told the court that the ‘forced’ transaction fee and payment through e-citizen to every child in the villages will derail their education since it will block those parents who can’t access mobile money transfers.

He explained that the administrative action by the government will lock out parents who pay their school fees through directly exchanging cereals like beans, maize and mbuzi for fees.

“This will affect the right to education and would work against the best interest of the child as per article 53 of the constitution,” he said.

The court heard that all the respondents CS National Treasury & Economic Planning, CS Interior & National Administration, CS Information, Communication & Digital Economy, CS Education,  Attorney General and Other CSs have continued to implement this e-citizen policy without being supported by any legislation.

Justice Mwita after issuing the order directed Gikenyi to serve his papers on the respondents. The order will be in force until February 13, when the case will be mentioned for further directions.


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