The High Court ruled that a directive requiring parents to pay school fees through eCitizen is unconstitutional.
In a ruling delivered by Justice Chacha Mwita on Tuesday, April 1, 2025, he forbade the government from enforcing the directive, stating that there was no public participation before its implementation.
He further noted that the Ksh. 50 convenience fee imposed on transactions has no legal basis.
“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 court ruled.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain them”, the court added.
The case, which was filed by Nakuru-based Doctor Magare Gikenyi, was based on a directive by Principal Secretary Belio Kipsang in January 2024, which stated that all payments of school fees to be done in the eCitizen platform.
The doctor argued that no legislation or framework was guiding how the funds were utilized or returned to the end users.
He also questioned the Ksh.50 transaction fee and argued that it could disadvantage parents who pay fees in various job categories.
