Court rules eCitizen school fee payment directive unconstitutional

Court rules eCitizen school fee payment directive unconstitutional

The government has been dealt a setback by the High Court’s ruling that the directive mandating parents pay school fees via the eCitizen platform is illegal.

In a circular issued in January 2024, Belio Kipsang, the former Education Principal Secretary, mandated that all school fee payments be made through the eCitizen platform.

Justice Chacha Mwita ruled on Tuesday that the government is prohibited from carrying out the directive because there was no public involvement prior to its execution. He also mentioned that the Ksh.50 convenience charge added to transactions is unlawful.

“The directive was issued without public participation and lacks a legal basis. School fees are not government revenue to be collected via a national platform,” the court held.

The court also raised concerns about the eCitizen platform’s integrity and transparency, pointing out that it is unknown who collects the money and where it is deposited. Justice Mwita underlined that imposing an extra fee on parents constitutes double taxation.

“The government forcing people to utilize a platform and then requiring them to pay to maintain it doesn’t make sense,” the judge said.

The lawsuit was brought by Doctor Magare Gikenyi, based in Nakuru, who claimed that there is no law or structure governing the disbursement of the money to end users or how it is used.

He also asked why there was a Ksh.50 transaction charge and noted that parents who pay fees in kind, such as with maize or beans, may be negatively impacted by the order.

In defense of the directive, the government stated that the e-Citizen platform is legal and that the transaction charge is essential for improving accountability and maintaining the system.

At the same time, the court refused to postpone its rulings for 90 days to give defendants the opportunity to file an appeal.