Nairobi — The High Court has declared the authorities’s directive requiring other folks to pay faculty prices by plot of the eCitizen platform as unconstitutional.
In his ruling, Justice Chacha Mwita indicated that there modified into no public participation in the topic and prohibited the authorities from enforcing the directive.
He extra identified that there modified into no ethical basis on the Sh50 convenience payment imposed on transactions.
“The directive lacks a legal foundation and was issued without public participation. School fees are not government revenue to be collected through a national platform,” he ruled.
The court docket extra wondered the integrity and transparency of the eCitizen platform, stating that it is unclear who collects the funds and where they’re deposited.
Justice Mwita emphasised that charging other folks an additional payment amounts to double taxation.
“It does not make sense for the government to compel citizens to use a platform and then force them to pay to sustain it,” the make a selection remarked.
The case modified into filed by Nakuru-primarily primarily based Dr. Magare Gikenyi, who argued that there’s no regulations or framework guiding how the funds are utilized or returned to the pause users.
He also wondered the reason on the assist of the Sh50 transaction payment and identified that the directive may possibly possibly furthermore drawback other folks who pay prices in form, equivalent to by offering maize or beans.
In response, the authorities defended the directive, arguing that the e-Citizen platform is constitutional, and that the transaction payment modified into obligatory to defend the machine and improve accountability.
