By Anderson Ojwang
Are Kenyans still paying for the Sh50 E-Citizen convenience fee after the High Court declared it unconstitutional and unlawful? To Kenyans, the answer is yes.
But to the Cabinet Secretary for the National Treasury, the answer is a plain “no,” and the claims are functionally incorrect.
However, a human rights organisation insists that the fee is still being levied, a burden to millions of Kenyans, and continues to violate the Constitution of Kenya.
According to a letter dated 21st February 2026 from the Homa Bay human rights-based organisation, Interface Community Help Desk, captioned “DEMAND FOR COMPLIANCE WITH COURT ORDERS DECLARING THE E-CITIZEN KSHS.50 CONVENIENCE FEE UNCONSTITUTIONAL AND NOTICE OF INTENDED CONTEMPT PROCEEDINGS,” concerns were raised.
Concerns
The CBO chairperson, Evans Oloo Gor, said the government has continued to levy the Sh50 convenience fee even after the Court found it unconstitutional.
In his letter, Oloo wrote: “We hereby lodge this formal complaint against the Cabinet Secretary, Ministry of the National Treasury and Economic Planning, and the Office of the Attorney General for failure to fully comply with court decisions concerning the Ksh. 50 convenience fee charged on the E-Citizen payment platform.”
He said Mbadi and the Attorney General were yet to comply with the High Court ruling and the subsequent Court of Appeal ruling upholding it.
“That on 1st April, 2025, the High Court of Kenya declared the Ksh. 50 convenience fee charged on transactions conducted through the E-Citizen platform unconstitutional and unlawful. That the Government subsequently appealed against the said decision, but on 21st November, 2025, the Court of Appeal upheld the decision of the High Court and affirmed that the continued imposition of the Ksh. 50 convenience fee was unconstitutional,” he wrote.
Functionally incorrect
But Mbadi, in his response dated 3rd June 2026, acknowledged receipt of the letter regarding compliance with court orders on the eCitizen platform convenience fee.
He wrote that the allegations that the National Treasury continues to levy the Sh50 convenience fee were factually incorrect.
“The allegation that the National Treasury continues to levy the fixed KShs.50 convenience fee is factually incorrect,” he wrote.
Mbadi said the Sh50 convenience fee that was the subject of court proceedings was no longer being charged as a standard fee.
“The Shs. 50 convenience fee that was the subject of the proceedings is no longer charged as a standard fee,” he said.
He said save for statutory charges, a number of government services available through platforms were being accessed freely.
“Kindly note that, save for statutory charges, a significant number of government services available through the platform are provided without access charges. Currently, 759 services are entirely free, while 2,888 services are exempt from transaction charges, bringing the total number of services available to the public at no cost to 3,647,” he wrote.
Mbadi said the government was committed to providing and facilitating public access to digital services.
“This demonstrates the Government’s continued commitment to facilitating access to public services while ensuring the sustainability of digital service delivery,” he wrote.
Mbadi said the government was committed to complying with court orders and directives.
“I would like to reassure you that the Government remains committed to complying with lawful court orders and directives,” he wrote.
Violation
But Oloo insists that despite the above court determinations and the advisory from the Office of the Attorney General, the National Treasury has failed, neglected, and/or refused to fully comply with the court decision to date, thereby occasioning continued prejudice and financial burden to members of the public using government services through the E-Citizen platform.
“We had previously written letters seeking intervention and compliance from the relevant offices,” he wrote.
Oloo also said there was need to compel the relevant government offices to fully comply with the judgments of the High Court and the Court of Appeal.
“Safeguard the public interest by ensuring unlawful charges are not continued against members of the public. This matter is of great public importance as it affects millions of Kenyans accessing government services through the E-Citizen platform, and continued non-compliance undermines the rule of law, constitutionalism, and public confidence in government institutions,” he said.
