The Attorney General (AG) has directed the Cabinet Secretary for the Treasury and Economic Planning to comply with the High Court orders suspending the KSh50 e-Citizen convenience fee.
This guidance follows a recent Court of Appeal decision dismissing the government’s application for a stay of execution on the April 1, 2025, judgment. With the dismissal, the High Court orders remain in effect and must be adhered to while the appeal process continues.
AG Dorcas Oduor issued the advisory in response to a contempt of court application filed by Dr. Benjamin Magare Gikenyi. Dr. Magare had accused senior government officials, including Treasury CS John Mbadi, of flouting Justice Chacha Mwita’s ruling halting the e-Citizen fee.
In his response, the AG acknowledged that while the government had appealed the ruling, officials remain legally bound to follow the court’s directives unless the judgment is overturned. He further noted that state officers have acted in good faith, taking steps to align the e-Citizen platform with the court’s decision, in accordance with the constitutional principle of the rule of law under Article 10.
Dr. Magare’s application alleged that Cabinet Secretaries and senior public officers continued to charge the KSh50 fee despite the High Court order, claiming such actions undermined judicial authority. The AG countered that the government has begun implementing the court’s directives, noting that certain administrative adjustments, including system updates and vote reallocations, require statutory procedures and time to complete.
The AG’s advisory emphasizes the government’s commitment to compliance with judicial orders while maintaining operational continuity on the e-Citizen platform.
