The government has suffered a major blow after the high court stopped them from further collecting fees from parents through E-Citizen ruling that it was illegal and unconstitutional.
Justice Chacha Mwita on Tuesday declared as unconstitutional the collection of fees through the portal as had been directed by the state to parents.
Judge Mwita ruled that there was no public participation done adding that the Sh 50 convenience fee charged to parents has no legal basis.
It was his finding that directing parents to pay the convenience fee is charging the parents double .
“There was no legal basis, the directive was issued without public participation ,school fees is not government money to be collected by national government through the platform,” Judge Mwita ruled.
The court further noted that the e-citizen platform where parents are to pay the fees is questionable as it lacks imtegrity and openness.
Court further noted that it was not clear who collects the money since there’s no openness in the fee and where the money is deposited which to him is double charge.
“it does not make sense for government to charge and force people to pay for its services to maintain such a system,”court noted
Court noted that Government cant force people to use it and then force people to pay to sustain the same charge .
In the case, Nakuru-based Dr Magare Gikenyi filed the case arguing that that there is currently no legislation or framework to guide how funds are utilized and sent back to the end users.He argued tat the transaction fee of Sh 50 per transaction was arrived at curiously.
He said the administrative action by the government is unfair citing an example where parents who pay fees in kind (by providing maize or beans directly to the school in exchange for fees), will be locked.
However the government in its defense argued that the e-citizen platform was constitutional and the Sh 50 was to sustain the paltform and accountability.
