The High Court on Thursday issued conservatory orders barring the government from implementing fee increases for key citizen services.

In a gazette notice, Interior Cabinet Secretary Kithure Kindiki had earlier announced an increase in the fees for various services including ID replacement, passport acquisition, and marriage certificates.

However, Justice Lawrence Mugambi suspended the fees pending the hearing and determination of the matter after Dr. Magari Gikenyi, a private citizen moved to court to challenge 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.

It was further directed that the Application and the Petition be served within 3 days.

Justice Mugambi ruled that the Milimani-based court would serve a response within seven days of 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. 

In issuing the conservatory orders, the High Court has barred the Interior Ministry from hiking the fee of replacing a lost Identity Card from Ksh100 to Ksh2,000. 

The government will also not be allowed to charge Ksh7,500 for a 34-page passport and Ksh12,000 for a 66-page passport.

The government had also increased fees for work permits, issuance of death and birth certificates as well as verification fees for the Integrated Population Registration Database System (IPRS).

The conservatory orders were issued even after the government through the State Department of Diaspora noted there were errors during the printing of the Gazette Notice. 

In a statement, the Diaspora Principal Secretary Roselyn Njogu explained that the Ministry of Interior erred in instituting a Ksh1.2 million permanent fee for children of Kenyan citizens born outside 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.