The government will appeal the decision of The High Court to nullify directive requiring parents to pay school fees through eCitizen.
New Basic Education Principal Secretary Julius Kibet Bitok said the government will respect and obey the court ruling but it will seek an appeal.
“It is something that has happened and we will respect the decision of the court however, with the help of attorney General is going to appeal the decision of The court and be able to advise on the way forward, ” the PS said.
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The PS who was addressing the media on Tuesday during opening of eight classrooms and three ablution block for Kwa Njenga Primary build by United States department of defense .
He said said the eCitizen is open and transparent, he said the directive was to make everyone to see where the money goes.
Justice Chacha Mwita had ruled on Tuesday that the fees payment through the eCitizen is unconstitutional, he also quashed a January 2024 circular issued by then Education Principal Secretary Belio Kipsang, which contained the directive that required parents to pay school fees through eCitizen.
He ruled that the directive by the PS was implemented without adequate public participation and partners’ engagement, thus violating constitutional provisions.
The court also found that the Sh50 convenience fee imposed on transactions on e-Citizen has no legal basis.
The court also issued an injunction barring Cabinet Secretaries John Mbadi of Treasury, William Kabogo in charge of ICT and Migos Ogamba in charge of Education, from enforcing the citizen payment system for school fees.
It also prohibited the CSs and their representatives from charging any administrative, convenience, or transaction fees, including the Sh50 fee or any other additional charges in relation to the e-payment system
The petition had been filed by Nakuru resident Dr Margaret Gikenyi, he had argued that there is no legislation or framework guiding how the funds are utilized or returned to the end users.
By Obegi Malack
obegimalack@gmail.com
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