The High Court has issued an interim order suspending a controversial directive requiring parents and students to pay school fees through an e-payments platform, just one week after the policy was announced by the Education Ministry.
In a strongly-worded ruling on Wednesday, Honourable Justice E.C. Mwita said the petition challenging the e-payments policy had raised “fundamental questions” that warranted immediate court intervention.
“An interim conservatory order is hereby issued suspending the Circular or letter…dated 31st January 2024, requiring parents/Guardians and/or students to pay fees…through e-citizen platform…until 13 February 2024,” the ruling stated.
The temporary injunction delivers a setback to the Kenyan government, which had mandated the e-payments system for all government learning institutions in a bid to boost transparency and accountability.
But the lead petitioner, Magare Gikenyi, argued the policy would negatively impact poor families lacking internet access or digital skills. “This matter coming up for directions on the Notice of Motion and petition both dated 6th February 2024…I am satisfied that fundamental questions have been raised,” Justice Mwita wrote.
The judge has ordered all parties to submit arguments by 13 February, when “the court will issue further directions in this petition.”
Until then, the disputed payments platform has been suspended, granting temporary relief to parents and education stakeholders opposed to the e-payments mandate.
Justice Mwita asserted the pressing need for urgency by demanding “pleadings be served on all parties immediately.”
