Court rules against school fee payments through e-citizen
Nairobi High Court on Monday, April 1, 2025, ruled that payment of school fees through e-citizen is unconstitutional.
Delivering the ruling, Judge Chacha Mwita barred the government from imposing the directives issued to parents to pay school fees through e-citizen
Justice Mwita stated that there was no public participation exercise carried on before the directive was issued.
Further, he stated that school fees are not government revenue, and therefore, they are not to be collected through the e-citizen platform.
“The declaration is hereby issued by the directive that parents pay school fees or any levies to government institutions of learning through e-citizen was done without public participation or stakeholders’ engagement, and it is unconstitutional and illegal, and therefore null and void,” Justice Mwita ruled.
Notably, Justice Mwita raised concern on the transactional fee of Ksh50 on the e-citizen platform, noting that the transaction fees have no legal basis and, in this case, it introduces double taxation to the parents.
“By the introduction of a convenience fee or admission fee or transaction fee of Ksh50 or any amount is a double charge done without public participation and is thus unconstitutional and void,” Judge Mwita ruled.
He also issued an order quashing the letter of circular letter of January 31, 2024, by the Principal Secretary directing National school principals that parents should pay school fees through the e-citizen payment platform.
CSs barred
Additionally, Mwita issued an order prohibiting the Treasury Cabinet Secretary (CS), Education and Information CS and Digital Economy CS or any of their agents, from enforcing the convenience fee of Ksh50 or any other amount paid through the e-citizen platform.
“The court prohibits the Cabinet Secretaries of Treasury, information communication and digital economy and of the ministry of education either by themselves, their agents, servants or any person acting from their behalf from charging convenience fee or transaction fee of Ksh50 or any other amount per transaction paid through e-citizen payment platform or giving effect to the letter dated January 31, 2024,” Judge Mwita ruled.
However, the government defended the directive, stating that the e-citizen platform is constitutional and the transaction fee was also necessary for its sustainability and to reinforce accountability.
A Nakuru-based doctor, Magare Gikenyi, moved to court to challenge the government’s directive to parents to pay the school fees through e-citizen, arguing that there was no framework and that it was illegal because all stakeholders were not involved before the issuance of the directive.
