Kindiki's new passport, ID fees challenged in court

A petitioner has moved to court challenging the implementation of revised charges fees and levies on services offered by the state department of immigration.

Benjamin Magare argued that some of the legal notices used to create the charges had lapsed and had no force of law.

He also argued that there was no substantial public participation, stating that what took place was a "charade" and did not follow requirements.

"The said amounts were increased arbitrary without any formula or adequate and meaningful public participation whatsoever. Public participation allegedly conducted by the respondents are for cosmetic purposes," he claimed.

In a memo dated February 29, 2024, Cabinet Secretary Kithure Kindiki said the Interior Ministry effected the new fees and levies for various services offered by the State Department of Immigration and Citizen Services following completion of public participation process conducted from November 14 to December 5, 2023.

The revised rates were gazetted on November 14, 2023, but effected on March 1, 2024.

Fees for 34-page ordinary passports increased from Sh4,500 to Sh7,500.

Application for a 50-page passport went up from DSh6,000 to Sh9,000 while a 66-page ordinary passport now costs Sh12,500 up from the previous fees of Sh7,500.

Application for national ID card now costs Sh300 on first application but a replacement will cost Sh1,000.

IDs were previously issued by State at no charge.

Fees for the issuance of birth certificates were increased from Sh50 to 200, the same as the issuance of death certificates.

Magare, who wants the court to stop the implementation of the new fees said if the court fails to do so, constitutional violations will continue against principals of good governance.

He added that if the court does not stop the new levies and fees, the actions of the respondents will lead to loss of public confidence.

"It is therefore imperative that this matter be placed before court and orders and directions issued accordingly to preserve and safeguard public interest," he said.

The respondents are listed as Interior and National Treasury Cabinet Secretaries, Samuel Lukanu, Attorney General Justin Muturi, the National Assembly and the Senate.

Upon receiving the petition, Justice Lawrence Mugambi directed the same to be served to the respondents within seven days.

Mugambi directed that the responses to the petition be filled within seven days.

Further directions in the matter will be issued on April 23, 2024.