From left: Cabinet Secretaries Kipchumba Murkomen (Interior), Julius Ogamba (Education), William Kabogo (ICT and Digital Economy), and John Mbadi (National Treasury).
Four Cabinet Secretaries could land in trouble over continued collection of the Sh50 convenience fee on Kenyans using the e-Citizen payment platform.
In an application to the High Court, Nakuru-based surgeon Magare-Gikenyi wants Cabinet Secretaries John Mbadi (National Treasury), Kipchumba Murkomen (Interior), William Kabogo (ICT and Digital Economy) and Julius Ogamba of Education cited for contempt of court over the collection of the fee despite being directed to stop.
From left: Cabinet Secretaries Kipchumba Murkomen (Interior), Julius Ogamba (Education), William Kabogo (ICT and Digital Economy), and John Mbadi (National Treasury).
Dr Gikenyi also wants Kenya Revenue Authority (KRA) Commissioner-General Humphrey Wattanga and Attorney-General Dorcas Oduor punished for disobeying the order.
In a judgment delivered on April 1, Justice Chacha Mwita stopped the government from charging and collecting the Sh50 or any amount per transaction paid through the e-citizen platform as convenience, access or transaction fee.
According to Dr Gikenyi, the four Cabinet Secretaries should be held liable for any illegal and unconstitutional loss arising from the charging and collection of the fee.
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“The petitioner applicant has learnt that despite the judgement, the respondents have continued charging and collecting the impugned transaction/convenience fee from Kenyans and /or e-citizen platform users, contrary to the law and judgement of this honourable court,” Dr Gikenyi says in the court papers.
A nominal access fee of Sh50 for Kenyans or $1 per for foreign designated currency transaction is charged unless waived by the National Treasury.
The surgeon says in his court papers that the judgment was unambiguous and, therefore, Cabinet Secretaries and other government officials should obey it.
He adds that the culture of disobeying court directives with impunity has reached high levels and that courts must exercise their constitutional authority of punishing offenders for contempt.
“Having been delivered, the judgment was meant for obedience and nothing else, unless and until it is set aside by a superior court or reviewed by this honourable court,” he says.
“ No stay orders have ever been granted by the Court of Appeal or any other competent court nor has the judgment been overturned.”
Justice Mwita says the Sh50 convenience fee amounts to double charge and that Kenyans and foreigners cannot be forced to use a system they did not ask for and be made to maintain it by paying the extra amount.
No explanation
The judge also quashed the directive requiring school fees and other levies for government learning institutions to be made through the platform.
“This is irrational. There was no explanation regarding who would receive the convenience fee and what it is to be used for, making the charge unlawful,” Justice Mwita added.
The order prohibited the National Treasury; ICT and Digital Economy; as well as Education Cabinet Secretaries and their agents from insisting that school fees be paid through the e-citizen platform.
