Government to appeal High Court judgment on eCitizen school fee payments

The government has announced plans to appeal a High Court judgement that declared its directive requiring school fees to be paid exclusively through the eCitizen platform illegal.

The decision, delivered by the High Court on Tuesday, cited concerns over the legality and accessibility of the directive.

Basic Education Principal Secretary Julius Bitok defended the government's move, stating that the eCitizen platform was introduced to protect parents from excessive and hidden charges often imposed by intermediaries.

“The platform ensures transparency and accountability in the payment process. It safeguards parents from unnecessary costs that have long been a burden in the school fees payment system,” said Bitok.

In his judgment, Justice Mwita said that the government’s failure to consult with parents, school heads, and other relevant parties before implementing such a significant policy was a breach of the democratic process and public participation requirements under the Constitution.

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The High Court found that the directive lacked proper legal backing and could potentially exclude parents who face challenges in accessing digital payment methods. The court emphasized the need for broader consultations before implementing such policies.

“The government failed to involve the public in the decision-making process, and this lack of consultation undermines the integrity of the directive,” he said.

“A decision of such magnitude should have been preceded by open dialogue with those who will bear the consequences,” he added.

In February last year, the government directed national schools’ parents to pay for school via the system.

The issue sparked debate among education stakeholders, with some supporting the initiative as a step toward financial transparency, while others argue that it imposes undue limitations on parents, especially those in rural areas with limited digital access.

Dr Magare Gikenyi, a Nakuru-based doctor moved to court challenging the Government's directive to parents arguing that the same was illegal and unconstitutional, as it lacked public participation and disregarded the principle of transparency in governance.

Despite the setback, the government remains firm in its position, with Bitok indicating that the appeal is necessary to ensure a streamlined and accountable payment system.

“We respect the court’s decision, but we believe that eCitizen provides an effective solution to the challenges parents have faced for years. The platform is effective and will protect parents from excessive, hidden charges,” he added.