Doctor Magare Gikenyi, a private citizen from Nakuru County has filed a petition to stop the implementation of the new charges for various government documents including passports and identification cards.
In the petition obtained by Kenyans.co.ke, the doctor has sued Interior Cabinet Secretary Kithure Kindiki, Treasury CS Njuguna Ndung'u, Attorney General Justin Muturi, the National Assembly, the Senate and the CRS director at the Ministry of Interior.
Gikenyi, in the suit, holds that Kindiki announced the implementation of the charges without conducting adequate public participation as required by the law.
He claims that the said public participation carried out by the Interior Ministry was purely a cosmetic affair.
"That the said amounts were increased arbitrarily without any formula or meaningful & meaningful public participation whatsoever.”Public participation allegedly conducted by the respondents are for cosmetic purposes," read part of the petition.
Gikenyi remarked that the respondents faked public participation by asking the County commissioner and select officers to purport to do the public participation which he argues violates the Constitution.
He further complained that the government had increased the charges by as high as 20 times more.
Gikenyi gave the example of previously not registered persons who will now be required to pay Ksh300 up from none. In his view, these charges are out of reach for many Kenyans.
He reiterated the country's economy was deteriorating and imposing such fees was stretching Kenyans beyond their capacity.
"Instead of government making austerity measures, they have gone to introduce illegal charges more while themselves are in a globe throttling mode," the doctor stated.
Additionally, the medic emphasised that the cabinet secretary and other officials did not have the right to increase fees without following the guidelines outlined in Article 10 of the Constitution.
Article 10 of the Constitution touches on national values and principles of governance.
"The national values and principles of governance in this Article bind all State organs, State officers, public officers and all persons whenever any of them applies or interprets this Constitution, enacts, applies or interprets any law, or makes or implements public policy decisions," reads part of the article.
He noted that the ministry was irrational and unreasonable by moving forward with its plan to effect the new charges.
He added that the implementation may lock out many Kenyans from accessing important documents such as IDs, and birth and death certificates.
Gikenyi also accused the Senate and National Assembly of failing to protect Kenyans against what he described as a rogue executive.
The petition was filed at the Nairobi High Court with Justice Lawrence Mugambi asking all respondents to file their responses within seven days. He also directed that the application and petition be served within 7 days.
"Leave is granted to the applicant to file a rejoinder within seven days from the date of the receipt of responses," the judge ruled.
Further directions shall be given on April 24, 2024.
This comes after CS Kindiki in a circular to relevant officials issued on February 29 informed the government officers that the new fees will be effective from March 1, 2024.
CS Kindiki noted that the ministry had conducted public participation for over a month.
