The government has announced plans to take the High Court to task over its recent ruling that struck down the directive requiring parents to pay school fees through the eCitizen platform. That decision—nullifying the directive—has left the government with a tricky path forward.
Basic Education Principal Secretary Julius Kibet Bitok said the government respects the court’s decision, but will be seeking an appeal. “We respect the court’s decision, and we will live with it. But we will also be seeking guidance on how to move forward,” he said during a visit to Kwa Njenga Primary School on Tuesday.
That visit was to open eight new classrooms and three ablution blocks funded by the United States Department of Defense. PS Bitok defended the eCitizen platform as a transparent and accountable system. He said the directive was meant to make it easier for everyone to see where school fees were going.
The High Court ruled on Tuesday that the directive mandating school fees payment through eCitizen was unconstitutional. Justice Chacha Mwita cited a lack of public participation and stakeholder engagement as key reasons for that decision. The court also found that the Sh50 convenience fee imposed on eCitizen transactions had no basis in law. It issued an injunction stopping Cabinet Secretaries John Mbadi (Treasury), William Kabogo (ICT) and Migos Ogamba (Education) from enforcing the eCitizen school fees payment system. And it barred them from imposing any fees related to that system.
That ruling was brought by Nakuru resident Dr Margaret Gikenyi. She argued the government hadn’t set up a clear framework for how funds collected through eCitizen were used or refunded to users.
The ruling has sparked discussions about the need for comprehensive policies governing digital payment platforms in the education sector. As the government gears up for an appeal, stakeholders are waiting to see what happens next.
