The High Court has ruled that the government directive requiring parents to pay school fees via eCitizen platform is unconstitutional.
While delivering the ruling today, April 1,Justice Chacha Mwita stated that there was no public participation carried by the government before the directives was announced.
Justice Chacha also noted that the Kshs 50 fees imposed on the transactions has also no legal framework, adding that it is unclear who collects the funds and where they are deposited.
“The directives lacks a legal foundation and was issued without public participation. School fees are not government revenue to be collected through a national platform,” he ruled.
In January, the previous Basic Education PS Belio Kipsang’ directed that parents and guardians to make school fees payment through the e-Citizen.
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He also ordered school heads to provide the representative particulars of their schools to be aligned with the government system, adding that they should provide all their institution’s bank account details.
However this directive was suspended by the high Court on February 7,2025 following a petition by Nakuru-based activist Dr. Magare Gikenyi and the Law Society of Kenya.
In his petition, Dr Gikenyi argued that there was no legal framework to guide how the fees paid by the parents or guardians will be returned to the respective schools. He also raised concerns about the Kshs 50 transaction fee charged when school fees is paid by parents.
By Brian Ndigo
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