The Attorney General Dorcas Oduor has recommended the Cabinet Secretary for Treasury and Economic Planning John Mbadi to fully observe with the orders delivered by Justice Chacha Mwita stumbling the collection of the KSh50 e-Citizen expediency fee.
This order follows a recent decision by the Court of Appeal, which terminated the respondents’ submission for a stay of implementation of the April 1, 2025 ruling. The effect of the discharge is that the High Court orders remain in force and must be followed to as the appeal proceeds.
AG Dorcas Oduor, in response to a contempt of court proceedings against Treasury CS John Mbadi, issued the advisory while responding to a contempt of court application filed by Dr. Benjamin Magare Gikenyi, who accused several senior government officials of disobeying Justice Mwita’s judgment stopping the imposition of the Ksh.50 charge on e-Citizen transactions.
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In her response, the Attorney General acknowledged that the government had taken active steps to challenge the judgment through an appeal. However, he emphasized that the respondents remain bound by the court’s directives unless and until the judgment is overturned
According to the AG, the state officers have demonstrated good faith and taken measures toward compliance despite being dissatisfied with the ruling. He added that the respondents were guided by the constitutional principle of the rule of law under Article 10, and had continued to adjust operations on the e-Citizen platform accordingly.
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Dr. Magare’s application sought to cite several Cabinet Secretaries and senior public officers for contempt, arguing that they had continued to charge Kenyans the Ksh.50 fee in violation of the High Court order. He insisted that this amounted to deliberate disobedience and undermined judicial authority
In his reply, however, the AG maintained that the government had already begun aligning the platform with the court’s judgment, noting that certain administrative steps including the re-allocation of votes and system adjustments require time due to statutory procedure