The high court on Tuesday raised questions on who runs E-Citizen and its management saying there is no transparency on the digital payment system that is being used by the state.
Justice Chacha Mwita raised this concerns during the judgement that he stopped payment of school fees by parents through the platform.
Justice Chacha Mwita said there was no clear evidence confirming that the government had taken full ownership without external interference.
The court further observed that ownership remained unclear, with no formal documentation proving a complete handover to the state.
He also noted that a private entity has been managing fee collections from Kenyans, contradicting the assumption that the system was fully operated by the government.
The court said there was a lack of flexibility in the policy, arguing that fee payments should not be treated as direct government services.
Justice Mwita questioned whether the government had adequately engaged relevant stakeholders before implementing it.
Another significant issue raised was the remuneration of the webmaster overseeing the platform. The court found no clear records detailing the amount paid to the webmaster or the timing of these payments. It also remained unclear whether the government exercised full control over the platform’s financial operations.
The court ruled that the government cannot compel people to use the platform and then force them to pay to sustain it.
“It does not make sense for the government to charge and force people to pay for its services in order to maintain such a system,” the court noted.
Stakeholders including lSK and Kupeet had expressed frustration over being excluded from key decisions regarding the payment system
