The Court of Appeal has upheld a High Court decision that nullified Government’s directive on mandatory school fee payments via e-Citizen. The decision puts a brake on the State’s push to move all school payments online.
The judges said it was not in the public interest to let the government continue charging the Ksh50 convenience fee after the High Court had already declared the directive unconstitutional. They ruled that the government had not shown what loss it would suffer if the order remained in place while the appeal continues.
The matter began in April when the High Court cancelled a circular issued by the Ministry of Education in January 2024. The circular required all parents to start paying school fees through e-Citizen. The court found the directive unlawful because the public was not consulted and because it disadvantaged parents who cannot access or use digital platforms.
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The Court of Appeal agreed that the government had not proved that its appeal would be useless without a suspension of the earlier ruling.
Treasury Principal Secretary Chris Kiptoo disagreed with the High Court’s findings. He said e-Citizen is fully owned and managed by the government and that public participation took place during its development.
According to him, the aim of the directive was to improve transparency in school fee payments, not to lock out any group.
The government maintains that e-Citizen is self-sustaining and depends on service fees to run its operations, including system maintenance and SMS support.
By Mercy Kokwon
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