The High Court has issued orders suspending President William Ruto's administration initiative requiring all parents to pay for schools or any services through the eCitizen platform.
Justice Chacha Mwita of the Milimani High Court on Wednesday issued an order suspending a circular by Education Principal Secretary Belio Kipsang ordering parents of students in national schools to pay fees through the e-Citizen platform pending the hearing of a case by a Nakuru doctor Magare Gikenyi.
"An interim conservatory order is herby issued suspending the circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated January 31, 2024, requiring parents/Guardians and or students to pay fees and or any other levies for all government learning institutions through eCitizen platform or any other digital platform(s) until February 13, 2024, when the court will issue further directions in this petition," Justice Mwita ordered.
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The Judge also directed Gikenyi to serve Education CS Ezekiel Machogu, Treasury CS Njuguna Ndung'u, Interior CS Kithure Kindiki, ICT CS Eliud Owalo, Attonery Genaral Justin Muturi, KRA, Council of Governors, Kenya Secondary and Primary Heads Association, Kenya Parents Association and Consumer Federation of Kenya with his court papers before the mention of the case next week.
The orders were issued after Gikenyi moved to court challenging the government initiative to pay for all services through the eCitizen platform.
The doctor says that the recently introduced initiative is illegal and has violated the principles of good governance.
Gikenyi argued that the program was done without any public participation, adding that the convenience fee of Ksh50 per transaction was "arrived at capriciously, whimsically and without any iota of public participation."
"The said transaction fee was also irrational, absurd and assumed a lot of issues. For example, an Egerton University student Taking Lunch of “Ugali+sukuma wiki” costing Sh30 has to be forced to part with Sh50 as transaction fee(Total 30+50=80) totaling Sh80. Which is totally unacceptable and irrational administrative action to say the least?" He says.
University of Nairobi (UoN) students and staff had also been told on Tuesday that they must make payments through the eCitizen platform to get meals from the university kitchens.
According to him, parents in rural areas who had been accustomed to paying school fees via non-monetary means (trading maize and beans to the school) will be "locked out through this unfair administrative action".
Gikenyi adds, "Forcing parents to pay their school fees through eCitizen without their public participation is absurd and irrational. For instance, there are parents who pay fees in kind (by providing maize or beans directly to the school in exchange fees), the same will be locked out through this unfair administrative action. How will parents in rural setup who can’t get these digital services cope?"
According to the petitioner, there are no legislation or framework/ statutory guidelines on how the said funds are utilized and sent back to the end users.
He therefore urged the court to halt the program until it meets the required threshold.
This lies on the backdrop of a directive given by Treasury Cabinet Secretary Njuguna Ndung'u that all government services will be onboarded on the eCitizen platform and every service will have access fees effective December 14, 2023.
A subsequent directive by Education PS Kipsang on February 3, 2024, ordered parents of students in national schools to pay fees through the eCitizen platform.
He said the move is part of the government’s efforts to onboard all government services onto the eCitizen platform to enhance service delivery.
