The Lower Eastern Times Opening The Third Eye
The High Court has ruled that the government’s mandate for parents to pay school fees through the eCitizen platform is unconstitutional.
Click here to join our WhatsApp Channel
Justice Chacha Mwita, in his judgment, noted that the directive was issued without public consultation and prohibited the government from enforcing it.
He also highlighted that there was no legal justification for the Sh50 convenience fee charged on transactions.
“The directive lacks a legal basis and was introduced without public participation. School fees are not government revenue to be collected via a national platform,” he stated.
The court also raised concerns about the transparency and integrity of the eCitizen platform, questioning who manages the collected funds and where they are deposited.
Justice Mwita further emphasized that imposing an additional fee on parents constitutes double taxation.
“It is unreasonable for the government to force citizens to use a platform and then charge them to maintain it,” the judge observed.
The case was brought forward by Dr. Magare Gikenyi from Nakuru, who argued that there is no legislation or framework on how the funds are managed or returned to the users. He also challenged the Sh50 transaction fee and pointed out that the directive could negatively impact parents who pay school fees in kind, such as through contributions of maize or beans.
In defense, the government argued that the eCitizen platform is constitutional, and that the transaction fee is necessary for maintaining the platform and ensuring accountability.
