NAIROBI Kenya, Jan 29 – The High Court in Garissa has nullified the 2019 Kenya National Bureau of Statistics (KNBS) census results for Mandera, Wajir, and Garissa counties.
In his ruling, Justice John Onyiengo cited significant irregularities due to inaccurate population figures.
He ordered all constitutional bodies including the Independent Electoral and Boundaries Commission (IEBC) not to use the disputed data for official purposes.
“That a structural interdict order be and I hereby issued directing the KNBS to conduct a fresh mini-population census in respect to Mandera North, Mandera west, Banisa, Lafey, Mandera East and Mandera sub-counties(constituencies)Eldas,Tarbaj, Wajir West, Wajir East and Wajir North sub-counties (constituencies), Balambala, Lagdera, Dadaab, Garissa Township sub- counties(constituencies) within a period of one year from the date of delivery of this judgment,” he stated.
He stated that until new census data becomes available, the 2009 census results continue to be used for constitutional functions.
“That before fresh mini-census exercise as directed above is conducted, the National Treasury, CRA, and IEBC shall continue to apply the published census results 2009 in executing their respective mandates in respect to the affected areas or constituencies,” he pointed out.
The 2009 census recorded 995,357 residents in Mandera County, but the 2019 census showed that the county had 867,457 residents.
This represented a decrease in population by 127,931 within 10 years.
Onyiengo agreed with the Northeastern leaders that the 2019 population report for the region published by KNBS was not genuine.
The petitioners in the suit argued that that the figures that were captured by the KNBS were not a true reflection of the actual population on the ground.
Commission for Revenue Allocation (CRA) during the hearings said that it has been using the 2009 enumerated results in revenue allocation between 2013 and 2019.
The IEBC also argued that it used the 2009 census results to create additional constituencies in the Northern region during the 2013 boundaries review exercise.
The KNBS had declined to allow access to its data storage servers during the hearing after the high court issued orders for the same to allow scrutiny of the servers.
The leaders had tabled the actual enumerated population numbers obtained from the enumerators to prove the 2019 census results published by the KNBS were not justifiable.
The leaders presented results indicating Mandera West and Banisa sub-counties had 318,146 and 315,144 residents, respectively.
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