The government’s effort to enforce mandatory school fee payments through the eCitizen platform has been blocked after the Court of Appeal refused to halt a High Court ruling that declared the practice unconstitutional. The decision also maintains the ban on the Sh50 convenience charge, which the High Court found illegal.
The Treasury had sought to suspend the High Court judgment issued on April 1, 2025, in Constitutional Petition No. E059 of 2024, arguing that it raised significant legal issues while the government prepared to appeal. The application relied on rule 5(2)(b) of the Court of Appeal Rules, which allows a temporary pause if certain conditions are met.
Justice Chacha Mwita of the High Court had nullified a circular from the Ministry of Education directing parents to pay all school fees exclusively via eCitizen. The court also struck down the Sh50 convenience fee, ruling that it lacked legal foundation, was discriminatory, and had been imposed without consulting the public.
In its appeal for a stay, the Treasury, through Principal Secretary Chris Kiptoo, contended that the High Court erred in relying on Auditor-General reports and questioned the legal ownership of the eCitizen system.
Kiptoo described the convenience fee as a lawful service charge, insisting the platform is entirely government-owned. He also warned that suspending the High Court’s order could disrupt over 15,000 digital services that depend on the platform for funding and maintenance.
However, petitioners, including Dr. Magare Gikenyi, KUPPET, and the Law Society of Kenya, opposed the stay, accusing the government of continuing to collect the quashed fee and approaching the court “with unclean hands.”
Magare argued that no irreparable harm would occur if the fees remained suspended, stressing that the High Court judgment did not shut down the eCitizen platform but only stopped an unlawful charge.
“Granting a stay would perpetuate an illegal and exploitative charge on citizens and frustrate the enforcement of a valid court decision,” he said. KUPPET and LSK echoed this, asserting that public interest lies in enforcing the rule of law and that the State had not demonstrated any substantial loss.
The Court of Appeal held that the Treasury failed to meet the two requirements for a stay: proving an arguable appeal and showing that the appeal would be meaningless without it.
The judges noted that the High Court’s decision was rooted in constitutional principles, including legality, non-discrimination, and public participation. Halting the ruling would effectively allow continued collection of an unlawful fee, contrary to citizens’ rights.
As a result, the government cannot enforce mandatory payment of school fees through eCitizen. The Sh50 convenience fee remains banned, and the High Court orders stand in full effect, even as the appeal process continues.
