The High Court has ruled that the government directive requiring parents to pay school fees through the eCitizen platform is unconstitutional.
While delivering the ruling on Tuesday April 1, Justice Chacha Mwita stated that there was no public participation carried by the government before the decision was announced.
Justice Mwita noted that the Sh 50 fee imposed on transactions has no legal basis.
The High Court Judge also pointed out that it is unclear who collects the funds and where they are deposited.
"The directive lacks a legal foundation and was issued without public participation. School fees are not government revenue to be collected through a national platform," Justice Mwita ruled.
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In January 2024, then Education PS Belio Kipsang directed that parents and guardians to make school fees payments through the e-Citizen platform.
Kipsang also ordered school heads to provide the respective particulars of their schools to be aligned with the government system.
“In preparation for the launch, please provide all your institution's bank account details in the following format: 1. account name, 2. bank, 3. account number, 4. bank code, and 5. branch code,” read the circular signed by PS Kipsang.
However, the High Court suspended the directive on Wednesday, February 7, following a petition filed by Nakuru-based activist Dr. Magare Gikenyi and the Law Society of Kenya (LSK).
Gikenyi argued that there was no legislation or framework to guide how the fees paid by parents will be returned to respective schools.
The activist also raised concerns about the Sh50 transaction fee charged when the school fee is paid by parents.
