Attorney General Dorcas Oduor has stated that the government cannot immediately stop charging Kenyans fees to access the eCitizen platform, citing the technical complexity of the digital service infrastructure.
Speaking during a parliamentary session on November 26, 2025, Oduor said the eCitizen system, which hosts over 5,000 government services from passport applications to land title searches, is too intricate to dismantle overnight without risking widespread disruption.
The AG's comments come in response to a High Court ruling by Justice Chacha Mwita on November 21, 2025, that quashed the KSh50 convenience fee and barred mandatory school fee payments through the platform.
Justice Mwita declared the fee illegal, discriminatory, and imposed without public participation, ordering its suspension pending a full hearing on December 18, 2025.
Oduor advised the National Treasury to implement the orders, saying the ministry should explore alternative revenue models while the appeal process unfolds.
"The eCitizen platform is a complex ecosystem that integrates multiple agencies and payment gateways," Oduor told MPs during question time. "Halting the fee abruptly could paralyse services for millions. Treasury must comply with the court while working on sustainable solutions."
The ruling stemmed from a petition by Nakuru-based activist Magare Gikenyi and the Law Society of Kenya, who argued the fee constituted double taxation and violated Article 201 on equitable public finance.
Justice Mwita criticised the lack of transparency in fee collection and questioned who benefits from the revenue, which totals Sh2.5 billion annually.
The AG's appeal, filed on November 24, 2025, argues the fee is a legitimate user charge for digital convenience, not a tax, and that the order disrupts government operations.
Treasury Cabinet Secretary John Mbadi acknowledged the ruling but said implementation requires time. "We respect the judiciary, but eCitizen's migration from manual to digital saved Kenyans Sh15 billion in processing costs last year," Mbadi said. "The fee covers maintenance; we will comply while appealing to avoid service collapse."
Education Cabinet Secretary Ezekiel Machogu welcomed the suspension of mandatory school fee payments via eCitizen, saying it eases burdens on parents. "The circular was meant to streamline collections, but the court has spoken—we revert to bank, M-Pesa, or cash options," Machogu stated.
Parents' groups praised the decision. Kenya Parents Association chairperson Silas Obuh said the Sh50 fee added Sh2,500 annually for families with five children. "This is a win for affordability—schools must now accept multiple payment modes," Obuh said.
The eCitizen platform, launched in 2015 under the Digital Economy Blueprint, has processed 22 million transactions worth Sh1.2 trillion since inception, but critics argue the fee discourages access to essential services.
ODPC Commissioner Immaculate Kassait said the ruling aligns with data protection principles. "User fees must be transparent; eCitizen's lack of clarity risked exclusion," she noted.
The full hearing on December 18 will determine if the fee is permanently quashed.
