Government’s eCitizen Directive Overturned
The High Court of Kenya has ruled that the government’s directive to pay school fees through the eCitizen platform is unconstitutional. This follows a petition by Dr. Magare Gikenyi and the Law Society of Kenya (LSK) who argued that the directive was not properly consulted and lacked legal backing.
eCitizen Directive Overturned
The government issued a circular in January 2024 requiring parents and guardians to pay school fees exclusively through eCitizen. The aim was to streamline revenue collection and integrate digital transactions in the education sector. But stakeholders raised concerns about its feasibility, accessibility and legality.
Judge Chacha Mwita ruled that the directive had no legal basis and was enforced without public participation. He said school fees are not government revenue and should not be collected through a national platform.
Legal Concerns and Public Outcry
The petitioners raised several key issues with the eCitizen mandate:
- No Public Participation – The government did not engage parents, schools and stakeholders before implementing the policy.
- No Alternative Payment Methods – Many rural parents pay school fees through barter trade (maize, beans) which the directive ignored.
- Lack of Transparency – The court questioned the integrity of the eCitizen platform in handling school funds and accountability.
- Unjustified Transaction Fees – The KSh 50 convenience fee per transaction was ruled unlawful. Justice Mwita said forcing parents to pay extra fees is double taxation.
What this means
The court’s decision sets a precedent for future digital policy implementations in Kenya. It also shows the need for legal backing and public consultation. It also highlights the need for financial flexibility for parents especially those in marginalized areas who may not have access to digital payment methods.
While digital platforms like eCitizen are convenient forcing mandatory use without alternatives can exclude sections of the population. Going forward the government may need to find a more inclusive approach and allow parents to choose between mobile money, bank payments and digital platforms.
Final thoughts
This is a big win for financial freedom and consumer rights in Kenya. Digital transformation is inevitable but it must be inclusive, legal and transparent. The government may need to rethink its approach to ensure future policies comply with the constitution and cater for all economic classes.
As Kenya goes digital, the balance between convenience and accessibility is key. What do you think about this ruling? Should digital payments be mandatory or should parents have multiple payment options?