High Court Judge Justice Chacha Mwita has declared the KSh50 convenience fee charged on the eCitizen platform unlawful, stating that it lacks legal grounding, is discriminatory, and was implemented without public participation, as required by Kenyan law.
In a landmark ruling, the judge affirmed that the fee was introduced without any enabling legislation, rendering it invalid. He added that citizens cannot be compelled to pay charges that have not gone through the proper legal processes.
The court further suspended an earlier directive by the Ministry of Education that required all parents to pay school fees exclusively through the eCitizen platform. Justice Mwita ruled that the directive was unconstitutional, as it attempted to impose an illegal fee on parents and restricted their freedom to choose alternative payment methods.
Additionally, the High Court dismissed the government’s application seeking to stay the orders, meaning the ruling takes effect immediately.
What the ruling means
- The government cannot compel parents to pay school fees via eCitizen.
- The KSh50 convenience fee remains illegal and must not be charged.
- All High Court orders remain in force as the State pursues its intended appeal.
The ruling marks a significant win for public interest litigants and reinforces the requirement for proper legal procedures, transparency, and public consultation before the government can impose new fees or change payment systems for essential services.
