High Court Halts directive on school fees Payment via e-Citizen

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The High Court put on hold a circular issued by Education PS Belio Kipsang that directed all parents with learners in national schools to ensure payment of school fees via the e-Citizen platform.

The court order on Wednesday were released  by Justice Chacha Mwita following a petition filed against the new fee payment mode by a Nakuru-based Dr Magare Gikenyi.

Dr. Gikenye sued  Cabinet Secretary Treasury, the Cabinet Secretary Interior, Cabinet Secretary Education plus the  Kenya Revenue Authority.

The  Attorney General was also not left out.

A group of Students spotted in Eldoret town During school closure for December holidays in 2017.

A group of Students spotted in Eldoret town During school closure for December holidays in 2017.courtsey

According to Mwita the petition raised fundamental questions resulting to the court suspending the directive.

During the release of the court orders, Mwita said that an interim conservatory order on the Circular or letter by the Principal Secretary (Belio R Kipsang), Ministry of Education dated 31st January 2024,that directs parents/Guardians and or students to pay fees and or any other levies for all government learning institutions through e-citizen platform or any other Digital platform(s)  is suspended until 13th February 2024, when the court will issue further directions in this petition.

 

Dr. Magare in his case told the court that forcing parents to pay their school fees through e- Citizen without their public participation is against the law.

The petitioner said that there is currently no legislation or framework which guides on the collection of such funds and how they will be sent back to the end users.

Magare further  questioned the transaction fee of sh 50 per transaction .

The petitioner further added that  administrative action by the government is unfair giving an example where parents who contribute fees in kind for example provision of  maize or beans directly to the school for fees exchange will be disadvantaged

In addition , school  fees payment via E-citizen will affect parents in rural setups where electricity is a problem and they can’t get these digital services cope

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