The government has been pushed back to the drawing board after Attorney General Dorcas Oduor advised the Treasury Cabinet Secretary to fully comply with Justice Chacha Mwita’s orders stopping the collection of the KSh50 e-Citizen convenience fee.
The advisory came shortly after the Court of Appeal declined to issue a stay of execution, meaning Justice Mwita’s April 1, 2025 judgment remains active and binding as the appeal continues. With the stay application dismissed, the Treasury must now act within the confines of the High Court’s directives.
The AG issued the guidance while responding to a contempt application filed by Dr. Benjamin Magare Gikenyi, who accused top government officials of openly disobeying the judgment by allowing continued deductions of the KSh50 fee from Kenyans using e-Citizen services. Dr. Magare argued that this amounted to blatant defiance and an erosion of judicial authority.
In her response, the Attorney General acknowledged that the state had moved to challenge the judgment at the appellate court, but emphasized that dissatisfaction with a ruling does not give freedom to ignore it. She stated that state officers remain bound by the orders unless overturned, underscoring that adherence to judicial decisions is a core aspect of the rule of law under Article 10 of the Constitution.
She further noted that government departments had already begun reconfiguring the platform to align with the court’s instructions, explaining that some adjustments especially reallocation of funds and system changes require statutory processes that cannot be implemented instantly.
Even as the contempt proceedings continue, the AG maintained that the respondents have acted in good faith and are working toward full compliance, despite the ongoing appeal challenging Justice Mwita’s decision.
