In January 2024, the then Education PS Belio Kipsang issued a directive requiring parents and guardians to make all school fee payments through the eCitizen platform. The move was presented as part of the government’s effort to digitize and streamline payments within the education sector.

Additionally, school heads were instructed to submit their institution’s bank details, including account names, bank codes, and branch codes, to align with the national system.

However, this directive soon sparked legal battles, with various stakeholders raising concerns over its legality, financial implications, and lack of public involvement. Nakuru-based activist Dr. Magare Gikenyi, together with the Law Society of Kenya (LSK), took the matter to court, arguing that the directive lacked a proper legal framework and failed to clarify how funds collected would be remitted to respective schools.

“The directive not only imposes an unnecessary financial burden on parents but also raises serious questions about transparency in the collection and management of these funds,” Dr. Gikenyi stated.

A key contention in the petition was the Sh50 transaction fee charged to parents for every payment made through eCitizen. The activists questioned why parents were being forced to bear additional costs without legal justification or parliamentary approval. Dr. Gikenyi particularly pointed out that the government had not addressed what would happen in case of transaction failures or delays in disbursing funds to schools, which could potentially disrupt school operations.

On February 7, 2024, the High Court issued a temporary suspension of the directive, citing immediate concerns over the legality of the order. During the court proceedings, it emerged that there was no clarity on who exactly collected the funds and where they were deposited before reaching the schools.

“School fees are not government revenue, and without a well-defined legal structure, it is unconstitutional to channel these funds through a central government system,” Justice Mwita ruled.

On April 1, 2024, the High Court delivered a final ruling, declaring the government’s directive unconstitutional. Justice Mwita emphasized that the lack of public participation rendered the decision null and void.

“Public participation is a constitutional requirement, especially in matters that directly affect citizens’ finances. The government failed to consult parents, school administrators, and other stakeholders before implementing this directive,” Justice Mwita stated.

Additionally, the ruling confirmed that the KSh50 transaction fee imposed had no legal basis, reinforcing concerns about the unauthorized financial burden placed on parents.

This ruling is a game-changer in Kenya’s education sector. It upholds the rule of law and safeguards parents from unnecessary financial burdens. The courts have made it clear, policy decisions affecting millions must be legal, transparent, and inclusive..

For now, parents can breathe easy knowing that school fees will continue to be paid directly to institutions without extra costs.