The High Court suspended a Gazette notice that raised charges on government services. This includes application for national IDs and passports. Justice L.N Mugambi issued a conservatory order pending the hearing and determination of the application inter partes, as requested by petitioner Dr. Magare Gikenyi J. Benjamin.
“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,”Stated Justice L.N Mugambi.
Zero Public Participation
Dr. Gikenyi argues that the cost for the listed services was increased arbitrarily without any formula or public participation. He emphasizes that the increase is likely to disproportionately affect young Kenyans, making it difficult for them to obtain IDs and hindering job opportunities.
“In considering NPR would affect young Kenyans joining the age of majority, this increase is likely to affect young Kenyans and hence make it difficult for them to get Identity cards, the effect which will lead to inability to get job opportunities,”
Dr Gikenyi stated
In his petition, the Nakuru-based doctor also argued that the actions of the respondents would only result in a loss of public confidence. And also lead to the outright abuse of political power. This, he contended, would be detrimental to numerous young Kenyans in the county, foreseeing negative consequences for the broader community.
“That from the foregoing, this action of the respondents will lead to inter alia loss of public confidence and outright abuse of political power to the detriment of many other young Kenyans in the county,”Dr Gikenyi’s petition stated.
Justice Mugambi directed that Dr Gikenyi must serve both the application and the petition within three days. Furthermore, respondents are instructed to file and serve their responses within seven days from the date of servicThe respondents in the matter include Treasury Cabinet Secretary Njuguna Ndung’u, Interior Cabinet Secretary Kithure Kindiki, the National Assembly and the Attorney General Justin Muturi.
“If need be, the Applicant/Petitioner may file a rejoinder/further affidavit within 3 days from the date of receipt of responses,”
Justice Mugambi directed
The matter will come up for confirmation of compliance and further directions on November 29, 2023.