Petitioner in court to challenge implementation of new fees for immigration services

Dr. Benjamin Mugure has lodged a petition in court challenging the implementation of revised fees and levies rates for various services offered by the State Department of Immigration and Citizen Services.

In his petition, Mugure argued that the revised fees were increased arbitrary, without any formula and substantial public participation whatsoever. He now wants the court to halt the implementation the new fees.

In a memo dated February 29, 2024, Interior Cabinet Secretary Kithure Kindiki announced the implementation of the new fees, citing that they were introduced following the conclusion of a public participation process conducted from November 14 to December 5, 2023

However Dr. Mugure has contested this, asserting the public participation was merely a charade and did not adhere to regulations governing such processes.

”Public participation allegedly conducted by the respondents are for cosmetic purposes," Mugure argued.

He further argued that the government's actions of improperly exercising powers pursuant to article 209(4) without due regard and conformity with article 10(2) the constitution and part 3 of the bill of rights is unconstitutional.

“There was no gazette notice notifying the effective date of new charges. Further the respondents have not released any gazette notice following “their charade of public participation,” he said.  

Murgure additionally stated that the government's move will lead to loss of public confidence in the ruling government, further asserting that the state has outright abused its political power.

“That a temporary conservatory Order be and is hereby issued prohibiting the respondents either by themselves, their agents and/or any other person(s) whatsoever from acting and/or giving effect to the Gazette Notices No Vol. CXXV No. 241 15493-15496 Dated 14th November 2023 No.15239-15242 and/or letter dated on/about 29TH February 2024 written by Mr.Samuel Lukanu and/or any other person and/or any document written on any other date(whether preceding or after this date) purporting to give authority increase/review aforementioned charges/fees/levies,” reads the papers

Justice Lawrence Mugambi directed that the application and the petition be served within 7 days .

The matter will be mentioned on April 23