
eCitizen
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The High Court of Kenya has invalidated a government directive mandating school fee payments through the eCitizen platform, ruling the policy unconstitutional due to a lack of sufficient public participation and stakeholder engagement.
Justice Chacha Mwita delivered the judgment, which also struck down the Ks
Sh50 convenience fee charged for transactions on the platform, citing the absence of a legal basis for the charge. The ruling stems from a petition filed by activist Magare Gikenyi and the Law Society of Kenya (LSK), who argued that the Ministry of Education's directive was procedurally flawed and imposed an undue burden on parents.
"High Court has declared the Ministry of Education's directive on payment of school fees via the eCitizen platform irrational, capricious, unconstitutional, null and void. I was representing LSK in this matter," stated lawyer Omochokoro O'mong'oni, who was representing LSK.
The court had previously issued a temporary suspension of the policy in February 2024, pending a full judicial review. The eCitizen platform is a central component of President William Ruto's digital governance agenda. Ruto defended the initiative in February 2024, asserting its importance in consolidating over 3,000 government paybill numbers into a unified system.
The President argued this consolidation would enhance revenue monitoring and help combat corruption. However, the mandatory payment directive faced widespread opposition from stakeholders who criticized the lack of consultation and transparency in its implementation.
eCitizen CEO James Ayugi commented on the matter, highlighting the platform's potential to address issues such as ghost schools and unregistered students. Ayugi stated the directive was intended to ensure accountability by linking each school and student to a registered bank account and unique identification number.
This is not the first time the government’s digital payment initiatives have faced legal challenges. In December 2024, the High Court suspended a directive requiring 34 parastatal chiefs to onboard their services onto the eCitizen platform, citing similar concerns regarding procedural irregularities.