The government has suffered a major blow after the High Court ruled that the directive requiring parents to pay school fees through the eCitizen platform is unconstitutional and illegal.
Justice Chacha Mwita on Tuesday declared that President William Ruto's directive issued in January 2024 violated constitutional provisions due to the lack of adequate public participation and engagement with stakeholders. 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. "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.
The judge ruled that the directive was a violation of the constitutional principle that requires the government to consult with the public and stakeholders on significant policies that affect their lives.
Justice Mwita declared that any transaction fee of Sh50 or more charged in connection with school fees payments was unlawful, branding it a "double charge." He further issued an order quashing a letter issued by the then Education Principal Secretary Belio Kipsang, on January 31, 2024, which directed national school principals to enforce the payment of school fees via the eCitizen platform.
