Attorney General Dorcas Oduor has directed the Cabinet Secretary for Treasury and Economic Planning to fully comply with Justice Chacha Mwita’s orders halting the collection of the KSh50 e-Citizen convenience fee. Her directive comes after the Court of Appeal dismissed an application seeking to suspend the April 1, 2025 High Court judgment, meaning the ruling remains active as the appeal continues.
The AG issued the advisory while responding to contempt of court proceedings filed against Treasury CS John Mbadi. The application, filed by Dr. Benjamin Magare Gikenyi, accuses several senior government officials of ignoring Justice Mwita’s orders stopping the KSh50 charge on e-Citizen transactions.
In her ruling, Oduor recognised that the government had taken legal steps to challenge the ruling through an appeal. However, she underscored that the respondents “remain bound by the court’s directives unless and until the judgment is overturned.” She noted that adherence to the rule of law, anchored in Article 10 of the Constitution, must guide all state actions.
The Attorney General observed that departments had acted in good faith and continued with revisions to ensure compliance. She explained that the e-Citizen platform had undergone modifications, though some administrative processes require time because of statutory procedures.
Dr. Magare’s contempt application had sought to cite several Cabinet Secretaries and top public officers for allegedly continuing to charge Kenyans the KSh50 fee, a move he said amounted to “deliberate disobedience” and an attempt to undermine judicial authority.
However, the AG maintained that the state had initiated steps to align the system with the court’s decision. She added that some adjustments, including vote reallocation and system configuration, were already underway but could not be completed instantly.
Her directive now places renewed pressure on the Treasury to ensure full adherence to the court’s orders as the legal battle over the controversial convenience fee continues.
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