The court ruled that the new hiked rates were lawfully introduced and backed by sufficient public participation.
Justice Lawrence Mugambi delivered the judgment on Thursday, finding that the implementation of the revised fees by the State Department for Immigration and Citizen Services was consistent with the Statutory Instruments Act and constitutional principles governing policymaking.
The case had been filed by Benjamin Magare Gikenyi, who challenged the revised charges introduced earlier in 2024.
In a memo dated February 29, 2024, then-Interior Cabinet Secretary Kithure Kindiki announced the new fees, stating that they followed a public participation process conducted between November 14 and December 5, 2023.
The petitioner, however, argued that the Interior Ministry acted arbitrarily and without proper consultation with the public.
In his petition, Magare sought to have the new charges declared unconstitutional, claiming they violated Articles 10 and 47 of the Constitution, which guarantee public participation and fair administrative action.
However, the court dismissed the petition, finding no evidence that the new charges were imposed illegally or without consultation.
Justice Mugambi held that the government had demonstrated that a public participation process was undertaken between November 14 and December 5, 2023, during which Kenyans were invited to submit views on the proposed fees.
"From the evidence provided, I find no merit to the petitioner's description of the process of the public participation that was conducted as being 'cosmetic, shoddy, and ineffectual,'" he noted.
The judge said records from the State Department showed that the proposals were published and open for feedback through advertisements and regional offices, satisfying the legal requirement for public engagement.
Justice Mugambi also observed that no gazette notice had been issued to revoke or alter the implementation date, meaning the new charges took effect lawfully.
While acknowledging that the revised rates might impose a heavier financial burden on some citizens, the court noted that decisions on pricing of government services are policy matters reserved for the Executive and Parliament.
"The rationale behind the revision of these charges are legitimately justified by the respondents, as it is intended to ensure there is a self-sustaining model in place for smooth and efficient provision of these services to the public without driving the state to seek external funding that will aggravate their already huge public debt," he stated.
“Unless shown to be discriminatory or arbitrary, fiscal policy decisions are not for the court to overturn."
The Interior Ministry had defended the new fees as necessary to make the department’s services self-sustaining amid rising operational costs and reduced external funding.
The state said the adjustment was aimed at improving efficiency in the issuance of key documents such as national IDs, passports, birth and death certificates, and other related services.
In dismissing the petition, Justice Mugambi emphasised that the Constitution allows the state to impose charges uniformly, provided that considerations for vulnerable groups are addressed through broader social protection measures rather than fee exemptions.
“The rationale behind the revision of the charges is justified,” the judge said, adding that the changes were aligned with national fiscal policy objectives.
The court therefore dismissed the petition in its entirety, ruling that the revised ID and immigration service fees were lawful and a valid exercise of legislative authority.
In a gazette notice dated November 7, 2023, the notice stated it would cost Kenyans Sh2,000 to replace their ID and also part with Sh1,000 to register for a new one.
The then-CS Kindiki announced that the fee for the standard 34-page passport application has surged to Sh7,500, up from the current Sh4,500.
While a 50-page ordinary passport would cost applicants Sh9,500 from the existing Sh6,000, and the application fee for a 66-page ordinary passport has shot up by Sh5,000 to Sh12,500.
Replacing a lost passport was to cost Sh20,000, an increase of Sh8,000 from the previous fee while replacing a valid mutilated passport would cost Sh20,000, up from Sh10,000.
