Court Declares eCitizen School Fees Directive Unconstitutional

High Court Rules Against eCitizen Fees Directive

The Kenyan High Court has ruled that the government’s directive requiring parents to pay school fees exclusively through the eCitizen platform is unconstitutional. The court found that the directive was implemented without adequate public participation.

Government’s Directive and Public Reaction

In January 2024, former Education Principal Secretary Belio Kipsang issued a circular directing that all school fees payments be processed via eCitizen. This move aimed to consolidate transactions into a single system, though school administrators raised concerns about its inconvenience.

Justice Chacha Mwita’s Ruling

Justice Chacha Mwita prohibited the government from enforcing the directive, emphasizing that:

• There was no public participation before implementing the policy.
• The Sh50 transaction fee imposed on parents has no legal basis.
• School fees do not constitute government revenue and should not be collected via a centralized platform.

Concerns Over Transparency and Double Taxation

The court raised questions about the transparency of the eCitizen platform, pointing out that the collection and allocation of funds remain unclear. Justice Mwita also criticized the additional transaction fee, stating it amounts to double taxation on parents.

Petitioner’s Argument and Government’s Response

The case was filed by Dr. Magare Gikenyi, who argued that:

• No legal framework exists to guide how collected fees are utilized or refunded.
• The directive ignored parents who pay fees through alternative means, such as food donations.

The government, however, defended the directive, stating that the eCitizen platform enhances accountability and sustainability.

Next Steps: Government Plans to Appeal

Following the ruling, the government has expressed its intention to appeal the decision, arguing that the platform is necessary for financial transparency.