Kituo Cha Sheria has moved to court seeking to quash a directive by President William Ruto to state agencies to adopt the eCitizen payment platform in service delivery.
Terming the directive as arbitrary and lacking in procedural fairness, the lobby group said the one-week deadline issued by Dr Ruto, to move the payments to the platform, would disrupt the ongoing operations of the agencies as resources would be diverted to meet the deadline and in the process, impede service delivery and administrative functions.
“The directive undermines the principles of good governance, transparency, and accountability as enshrined in the Constitution,” Kituo Cha Sheria said in a petition filed on Tuesday at the High Court.
Alternative payment methods
During his address on November 28, President Ruto accused some agencies of using alternative payment methods, which he claimed undermined accountability and facilitated corruption.
Dr Ruto then gave the agencies a one-week deadline to ensure all services and revenue payments are processed through the eCitizen platform.
The lobby and Mr Hillary Mokaya said the directive lacks transparency and the force of law hence it undermines respect for the rule of law as required under the constitution, a value which is fundamental to good governance and public trust.
Mr Mokaya said while implementing the directive that does not align with existing laws and regulations, the agencies will be bypassing established legal and administrative procedures, which will be a violation of due process.
The lobby will be asking the court to issue an order restraining the government and the agencies or their agents from implementing or enforcing the directive issued by President Ruto.
The directive, according to Kituo Cha Sheria contravenes the values and principles of public service, including high standards of professional ethics, efficient, effective and economic use of resources, and accountability for administrative acts.
Mr Mokaya said threatening the chief executive officers of the agencies that were yet to onboard the payment platform, with job loss for non-compliance, constitutes an abuse of power and undermines the security of tenure of public officers.
He further faults the government for failing to provide a lawful, clear and transparent process for the implementation of the directive, thereby creating illegality, uncertainty and anxiety among the state agencies.
Mr Mokaya added that issuing a directive without inviting the public to submit views in that regard and giving a directive without specifying the appeal mechanism available to people directly or indirectly affected by the directive, is unlawful.
In a gazette notice on January 23, 2023, the government developed the eCitizen.go.ke – a Digital Payments Platform through which citizens and all persons pay for government services.
The lobby said some of the agencies such as the Independent Policing Oversight Authority (Ipoa), Consolidated Bank of Kenya, Energy and Petroleum Regulatory Authority and Rural Electrification and Renewable Energy Corporation do not operate independently but are accountable to these governing bodies for their actions and decisions.
Kituo added that IPOA, for instance, was not subject to any person, office or authority in the performance of its functions and the President are required to refrain from interfering with the decision-making, functioning or its operations.
“The responsibility of proper management of the affairs of the 1st to 34th interested parties is vested in their respective Boards, council, or commission that control, supervise and administer the assets of the 1st to 34th interested parties, and are accountable for the money, the financial business and the management of the Interested Parties,” Mr Mokaya said.
The lobby group further said it was illegal to require money made by customers of the Consolidated Bank of Kenya Limited and Development Bank of Kenya Limited, in the course of banking business to be instead deposited to the gazetted pay bill number 222222.
Yet, according to the lobby, the government payment services https://www.ecitizen.go.ke/ was not an institution holding a valid license from the Central Bank of Kenya to invite or accept deposits from the public.
The lobby added that members of the public unable to access the government payment services through the eCitizen will be subject to exploitation, as they rely on a third party to access the services.
Further, members of the public who experience difficulties or are unable to access the services offered on the internet, whether due to lack of necessary equipment or infrastructure, good network connectivity, ability to afford and access the internet, basic computer literacy, or internet knowledge shall be prevented from accessing the services.
