• Justice Chacha Mwita gave the order on Wednesday last week following a petition filed against it by a Nakuru-based Dr Magare Gikenyi.
• Gikenyi argued that there is currently no legislation or framework to guide how the said funds are utilized and sent back to the end users.
The High Court will today give directions in a case in which it suspended the circular issued by Education PS Belio Kipsang requiring parents to pay school fees through the e-Citizen platform.
Justice Chacha Mwita gave the order on Wednesday last week following a petition filed against it by a Nakuru-based Dr Magare Gikenyi.
He directed Gikenyi to serve his papers on Treasury CS, Interior CS, Education CS, Kenya Revenue Authority and the Attorney General listed as respondent in the case.
The order that was issued and which lapses today read "That 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."
It was granted after Gikenyi told the court that forcing parents to pay their school fees through eCitizen without their public participation is irrational.
He argued that there is currently no legislation or framework to guide how funds are utilized and sent back to the end users.
He said the transaction fee of Sh50 per transaction was arrived at curiously.
He said the administrative action by the government is unfair citing an example where parents who pay fees in kind (by providing maize or beans directly to the school in exchange for fees), will be locked.
"How will parents in rural setups who can’t get these digital services cope?" he posed.