The High Court Wednesday temporarily suspended president William Ruto’s directive requiring several public entities to migrate to the e-Citizen Services Platform.
The orders were granted following a petition filed in court challenging the legality and implementation of the directive issued on November 28, 2024.
High Court judge Justice Bahati Mwamuye further barred any disciplinary action or removal from office of the Chief Executive Officers (CEOs) tor various entities due to non-compliance with the directive.
Mwamuye restrained the Cabinet Secretary for National Treasury and Immigration Principal Secretary and any other individuals from enforcing the directive pending hearing and determination.
“Pending the inter parties hearing and determination of the Application dated 05/12/2024, a conservatory order be and is hereby issued prohibiting the removal from office of the 35th to 68th Interested Parties or the initiation or continuation of any disciplinary action against them based on the grounds of their failure to implement and/or operationalize the directive issued on 28/11/2024 with respect to the 1st to 34th Interested Parties being directed to compulsorily onboard and/or migrate to the e-Citizen Services Platform,” ruled Mwamuye.
The petitioners were directed to serve the petition on the respondents and interested parties by December 13, 2024.
Proof of service must be filed by December 16, 2024.
Respondents and Interested Parties must file their responses by January 3, 2025.
Petitioners have until January 10, 2025, to submit rejoinders if necessary.
Written submissions by the Petitioners and supporting Interested Parties must be filed by January 17, 2025.
Submissions from the Respondents and opposing Interested Parties are due by January 24, 2025.
The court has scheduled the highlighting of submissions for January 31, 2025.
The petitioners, Kituo Cha Sheria and advocate Hillary Mokaya, in their petition termed the notices as inconsistent with the constitution as they were issued without public participation and lack the necessary legislative framework.
They argued that it lacks adequate consideration for millions of Kenyans who may be unable to access digital platforms due to limited internet connectivity, affordability, or technological literacy.
It was also their argument that Ruto allegedly usurped his powers by compelling the entities to onboard the platform within one week, thereby exceeding his constitutional mandate.
“The President’s directive and its implementation contravenes the law vesting the responsibility of proper management of the affairs of the 1 to 34th interested parties in their respective Boards, council, or commission,” read the court documents.
The directive, issued on November 28, 2024, compels 34 government entities to onboard their services onto the e-Citizen platform within a week.
It also threatens CEOs of non-compliant institutions with dismissal.
Kituo Cha Sheria contended that such a move not only infringes on citizens’ rights but also exposes key government agencies to risks of operational disruption.
They asked the court to issue an order preserving the status quo and restrain the removal from office of CEO’s of various entities for failing to implement Ruto’s directive onboard eCitizen Services within one week.
“Pending the hearing and determination of this Petition, an order do hereby issue preserving the status quo and to staying or restrain the removal from office of the 35th to 68th Interested Parties on grounds of failure to implement and/or operationalize the directive, issued on 28 November 2024, by H.E. the President,” read the court documents.
They cited the Independent Policing Oversight Authority an interested party in the case which they say is not subject to any person or office in the performance of its functions.
Its independence and dignity it says must be safeguarded.
The affected institutions include but are not limited to Tana Athi Water Works Development Agency, Kenya Power, various banks and their CEOs .
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