Court Ruling Halts Kindiki’s Service Fee Increase Directive

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Court Ruling Halts Kindiki’s Service Fee Increase Directive

On Thursday, the High Court issued temporary orders preventing the government from enacting a rise in service charges for essential citizen services. 

Interior Cabinet Secretary Kithure Kindiki had previously declared an increment in fees for several services such as ID replacements, passport applications, and marriage certificates through a gazette notice.

Justice Lawrence Mugambi temporarily halted the fees until the issue is heard and resolved, following a legal challenge by Dr. Magari Gikenyi, a private citizen who approached the court to contest the fees.

“A conservatory order be and is hereby issued suspending Gazette Notices No. 15239-15242 dated 6th November 2023 and/or any other document purporting to give authority to increase or review the charges/fees/levies specified therein pending the hearing and determination of this Application inter-partes,” the ruling read in part.

The court directed that the Application and the Petition must be served within a three-day period.

According to Justice Mugambi’s ruling, the court located in Milimani will provide a response within seven days after issuing the conservatory orders.

“If need be, the Applicant/Petitioner may file a rejoinder/further affidavit within 3 days from the date of receipt of responses,” Justice Mugambi further ruled.

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Despite the State Department of Diaspora acknowledging errors during the printing of the Gazette Notice, the conservatory orders were still issued by the court.

The Principal Secretary of the Diaspora, in an official statement, clarified that the Ministry of Interior made a mistake by imposing a permanent fee of Ksh1.2 million for children of Kenyan citizens born outside of Kenya.

“This fee applies to children of foreigners seeking permanent residence. Measures to rectify the Gazette notice have already been taken,” she stated on Wednesday.

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Court Ruling Halts Kindiki’s Service Fee Increase Directive

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