CS JOHN MBADI FACES JAIL OVER DEFIANCE OF COURT RULING ON KSH50 eCITIZEN FEE

Dr. Magare Gikenyi Benjamin, a surgeon from Nakuru, filed a contempt application seeking to have CS Mbadi jailed for defying the Court of Appeal’s ruling which declared the fee unconstitutional.

The petition argues that the National Treasury and CS Mbadi acted with impunity by continuing to collect the charge, ignoring the legal directive issued on April 1, 2025, and upheld by the Court of Appeal on November 21, 2025.

“The dismissal means there is no legal basis for the respondents’ continued collection of the Sh50 convenience, transaction, or access fee from Kenyans,” the affidavit asserts.

The court rulings highlight that the Ksh50 convenience fee and the mandatory school fees paid through eCitizen lack a legal framework, and were implemented without adequate public and stakeholder consultation.

Moreover, the fee was deemed discriminatory to parents who may lack access to the internet or cannot pay electronically.

The High Court also invalidated the directive forcing parents to pay school fees via eCitizen, calling it unconstitutional.

Dr. Magare’s affidavit emphasizes that compliance with court orders is a constitutional duty, questioning why the government continues to enforce a fee that courts have ruled against.

He argued that the respondents, namely the Treasury CS, the National Treasury, and the Attorney General, must be cited for contempt, emphasizing that obedience to court orders is a constitutional obligation.

“All kenyans must obey the law. This is not Animal Farm, where some animals are more equal than others,” he remarked.

The case has attracted interest from various stakeholders, including civil society and professional bodies concerned about government transparency and citizens’ rights.

The legality and administration of the eCitizen platform’s charges remain under scrutiny as the government faces mounting pressure to comply with judicial decisions