Court declares eCitizen school fees directive unconstitutional

The High Court has declared the government’s directive requiring school fees to be paid exclusively through the eCitizen platform unconstitutional.

Justice Chacha Mwita, in a ruling on Tuesday, barred the government from enforcing the directive, which had been introduced in January 2024 by then Education Principal Secretary Belio Kipsang.

The directive mandated that all school fee payments be made through the eCitizen platform.

According to Justice Mwita, the directive had no legal foundation and was implemented without public participation.

“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,” he ruled.

The court also declared that the Sh50 convenience fee imposed on transactions 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,” Justice Mwita said, describing the fee as a form of double taxation.

The ruling raised concerns about the transparency of the eCitizen platform, noting that it was unclear who collected the fees and where the funds were deposited.

The case was filed by Nakuru-based doctor Magare Gikenyi, who argued that there was no legislative framework governing how the collected funds were handled.

He also pointed out that the directive could disadvantage parents who pay school fees in kind, such as through donations of maize or beans.

In its defense, the government maintained that the eCitizen platform was constitutional and argued that the transaction fee was necessary to sustain the system and enhance accountability.

The court, however, declined the government’s request to stay the ruling for 90 days, rejecting its plea for time to appeal.

This ruling comes as the government continues its push for digitization in the education sector.

Last year, the Cabinet approved a plan to digitize Kenya’s education system to curb fraud, including the enrollment of ghost students and the mismanagement of school funds.