A government directive forcing parents to use the eCitizen platform for school fees was deemed unconstitutional by the High Court on Tuesday.
High Court Judge Chacha Mwita ruled in favour of a petition filed by Nakuru-based activist Magare Gikenyi and the Law Society of Kenya (LSK), who had challenged the government’s directive.
Last year, in the circular released at the end of January, the government stated, “As part of compliance with the requirements, it is directed that parents/guardians make fee payments for their learners in your institutions through this platform.”
The petitioners’ plea was that the government declaration lacked adequate public participation and stakeholder engagement. Justice Chacha Mwita, in his ruling, agreed with the petitioners.
“The directive lacks a legal foundation and was issued without public participation. School fees are not government revenue to be collected through a national platform,” the judge wrote in his ruling.
In his petition, Doctor Magare Gikenyi had highlighted the potential disadvantage to parents who pay school fees with in-kind contributions like maize or beans.
The court also raised doubts about the eCitizen platform’s integrity and transparency, expressing uncertainty regarding fund collection like school fees and deposit destinations.
Justice Mwita further argued that the added fee constitutes double taxation for parents. He also noted that the Ksh50 convenience fee imposed on transactions using the eCitizen platform had no legal basis.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it,” the judge added.
