Four CSs in contempt row over e-Citizen charges
The case stems from a judgment delivered on April 1 by Justice Chacha Mwita, which prohibited the government from charging or collecting Sh50, or any amount per transaction, as a convenience, access, or transaction fee on the platform.
Four Cabinet Secretaries are facing possible jail terms after a Nakuru-based surgeon moved to court seeking to have them punished for allegedly defying a High Court order stopping the collection of a Sh50 convenience fee on transactions made through the e-Citizen platform.
In an application to the High Court, Dr Magare-Gikenyi wants National Treasury Cabinet Secretary John Mbadi, Interior CS Kipchumba Murkomen, ICT and Digital Economy CS William Kabogo, and Education CS Julius Ogamba cited for contempt.
He also seeks similar action against Kenya Revenue Authority Commissioner-General Humphrey Wattanga and Attorney-General Dorcas Oduor.
The case stems from a judgment delivered on April 1 by Justice Chacha Mwita, which prohibited the government from charging or collecting Sh50, or any amount per transaction, as a convenience, access, or transaction fee on the platform.
Dr Gikenyi says the officials have continued to impose the fee in disregard of the court ruling.
“The petitioner applicant has learnt that despite the judgement, the respondents have continued charging and collecting the impugned transaction/convenience fee from Kenyans and/or e-citizen platform users, contrary to the law and judgement of this honourable court,” Gikenyi states in his court papers.
The court had noted that a nominal access fee of Sh50 for Kenyans or $1 for foreign currency transactions is charged unless waived by the National Treasury.
Dr Gikenyi says the April ruling was clear and should be obeyed, warning that continued defiance shows a rising culture of ignoring court orders.
“Having been delivered, the judgment was meant for obedience and nothing else, unless and until it is set aside by a superior court or reviewed by this honourable court,” he adds.
“No stay orders have ever been granted by the Court of Appeal or any other competent court nor has the judgment been overturned.”
Justice Mwita had ruled that the convenience fee amounted to a double charge and that Kenyans and foreigners could not be compelled to use a system they did not request and be forced to maintain it through extra payments.
The judge also nullified the government’s directive requiring school fees and other levies for public learning institutions to be paid via e-Citizen.
“This is irrational. There was no explanation regarding who would receive the convenience fee and what it is to be used for, making the charge unlawful,” he said.
The order barred the National Treasury, ICT and Digital Economy, and Education ministries from demanding that school fees be paid through the platform.
