President Wiliiam Ruto:POOL
The High Court has temporarily suspended the President’s directive that required government entities to compulsory onboard to the e-Citizen platform, dealing a major blow to President William Ruto’s administration.
The court also blocked the removal of heads of government institutions for failing to comply with the directive.
The ruling, delivered by Justice Bahati Mwamuye, came after Kituo Cha Sheria and Hillary Mokaya filed a petition challenging the directive. The judge directed Kituo Cha Sheria to serve their application to the Attorney General, the Cabinet Secretary for Treasury, and the Principal Secretary for Immigration, all of whom have been listed as respondents in the case. The respondents must receive the application by 5 pm on Friday, with the parties scheduled to highlight their submissions on January 31, 2025.
The case arose from a directive issued by President Ruto on November 28, 2024, mandating Chief Executive Officers (CEOs) of various government entities to onboard the e-Citizen platform within a week. Ruto’s directive was based on a 2014 gazette notice by the Treasury, which required government institutions to transition to the e-Citizen platform to enhance efficiency and accountability.
However, petitioners argue that the directive is unconstitutional. They claim that the notices were issued without public participation and lack a clear legislative framework. Additionally, they contend that the President overstepped his constitutional powers by imposing a one-week deadline for compliance and threatening to remove CEOs of non-compliant entities.
Kituo Cha Sheria and Mokaya further argued that the directive undermines the autonomy of the boards, councils, and commissions responsible for managing government entities. Specifically, they cited the Independent Policing Oversight Authority (IPOA), an institution that is constitutionally independent and not subject to external authority in the performance of its duties. The petitioners are calling for the court to preserve the status quo and prevent the removal of CEOs for non-compliance.
The affected institutions include, but are not limited to, the Tana Athi Water Works Development Agency, Kenya Power, various banks, and other public entities. The dispute intensified after President Ruto publicly criticized around 34 government agencies for bypassing the e-Citizen platform and using alternative payment methods, accusing them of undermining accountability and fostering corruption.
This ruling marks a crucial moment in the ongoing legal and political battle over the future of Kenya’s digital governance and the role of the e-Citizen platform. The High Court’s decision temporarily halts the implementation of the directive, leaving significant questions about the future of the platform and government operations unresolved as the case proceeds.
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