Kenyans will have to continue paying higher fees for identity cards, passports, and other immigration services after the High Court ruled that the recent fee adjustments were lawfully introduced.
The court determined that the revised charges were implemented following due process and were supported by sufficient public participation. Justice Lawrence Mugambi, in his judgment delivered on Thursday, found that the State Department for Immigration and Citizen Services acted within the law when revising the fees, consistent with the Statutory Instruments Act and constitutional principles guiding policymaking.
The legal challenge had been filed earlier this year by a concerned citizen who argued that the Interior Ministry had acted unilaterally and without proper consultation. The petitioner claimed the decision violated constitutional provisions guaranteeing public participation and fair administrative action.
However, the court dismissed the petition, finding that the government had conducted a legitimate and transparent process between November 14 and December 5, 2023. During that period, members of the public were invited to submit their views through published notices and regional offices.
Justice Mugambi stated that evidence presented demonstrated that the process was open and inclusive. He rejected claims that the exercise was “cosmetic” or inadequate, noting that the law requires reasonable—not exhaustive—public engagement.
The ruling also confirmed that no gazette notice had been issued to suspend or revoke the implementation of the new rates, meaning the charges took effect lawfully.
While acknowledging that the increased fees might burden some citizens, the court emphasized that pricing decisions for government services are policy matters within the purview of the Executive and Parliament. The judge further observed that the revision aimed to create a self-sustaining model for service delivery, reducing reliance on external borrowing and easing fiscal pressure on the state.
The decision reaffirms the government’s authority to adjust service charges, provided such actions comply with constitutional and statutory requirements for transparency and public involvement.
