Kenya: Court Blocks eCitizen School Fees Directive, Declares It Unconstitutional

In a landmark judgment, the High Court in Nairobi has struck down the government’s directive mandating parents to pay school fees exclusively via the eCitizen platform, calling it unconstitutional.

Presiding Judge Chacha Mwita ruled that the directive was issued without public input and lacked a solid legal foundation. He criticized the government’s move, stating, “School fees are not government revenue to be centralized on a national platform.”

The court also questioned the legitimacy of the Sh50 convenience fee charged for each transaction, labeling it as double taxation.

“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it,” Justice Mwita noted, adding that the opacity surrounding who collects the funds and where they’re deposited raises transparency concerns.

The suit was brought forward by Dr. Magare Gikenyi, a Nakuru-based medical practitioner, who argued that the directive was not backed by any legislation and disproportionately affected parents who pay fees in non-monetary forms, such as farm produce.

The government had defended the policy, asserting that the eCitizen platform promoted accountability and efficiency. They also claimed the transaction fee was necessary for maintenance.

But the court’s ruling has now barred the government from implementing the directive, handing a significant victory to parents, educators, and civil society advocates who had expressed concern over the lack of consultation and legal clarity.