The High Court has temporarily halted President William Ruto’s directive mandating government entities to transition to the e-Citizen services platform.
Justice Bahati Mwamuye also issued an order preventing the dismissal of government agency heads based on their failure to implement the directive. He instructed Kituo Cha Sheria, the petitioner, to serve their application to the Attorney General, the Treasury Cabinet Secretary, and the Immigration Principal Secretary, who are respondents in the case, by Friday at 5 p.m.
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The court set January 31, 2025, as the date for parties to present their submissions.
President Ruto had issued the directive on November 28, requiring Chief Executive Officers of various government institutions to onboard to the platform within one week. He cited a 2014 gazette notice by the Treasury as the basis for his order.
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However, Kituo Cha Sheria and Hillary Mokaya, the petitioners, argued that the directive was unconstitutional as it lacked public participation and the necessary legislative framework. They also claimed that Ruto exceeded his authority by compelling the entities to comply within such a short timeframe.
“The directive infringes on laws that entrust the management of these institutions to their respective boards, councils, or commissions,” the petitioners stated. They emphasized the independence of entities like the Independent Policing Oversight Authority (IPOA), which they argued should remain free from external influence.
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The petitioners have requested the court to maintain the status quo and restrain the dismissal of CEOs who fail to implement the directive. Affected entities include the Tana Athi Water Works Development Agency, Kenya Power, various banks, and their respective CEOs.
Ruto’s directive, which was broadcast publicly, was met with criticism from approximately 34 entities. They accused the directive of undermining accountability and enabling corruption by forcing a shift from alternative payment methods to the e-Citizen platform.