The High Court cancelled the 2019 Kenya National Bureau of Statistics (KNBS) census results for Mandera, Wajir and Garissa Counties in the North Eastern region, citing significant irregularities.
Garissa High Court Judge John Onyiego ruled that KNBS failed to uphold fundamental data integrity standards, leading to inaccurate population figures.
“The published results in Volume 1 of the 2019 Kenya Population and Housing Census (KPHC) in respect to the mentioned areas are hereby cancelled,” he stated.
The affected sub-counties include Mandera North, Mandera West, Banisa, Lafey, Mandera East, Mandera South, Eldas, Tarbaj, Wajir West, Wajir East, Wajir North, Balambala, Lagdera, Dadaab, and Garissa Township.
The cancellation is a big win for North Eastern leaders, led by then Garissa Senator the late Yusuf Haji (who died in 2021) and Mandera Governor Ali Roba, who sued KNBS, the National Treasury, Commission on Revenue Allocation, and the Independent Electoral and Boundaries Commission, arguing that the 2019 census results did not reflect actual population figures.
Justice Onyiego ordered a fresh mini-population census in these areas within a year, meaning KNBS must complete the exercise by January 28, 2026.
“That a structural interdict order be and is hereby issued directing the KNBS to conduct a fresh mini-population census in respect to the affected areas within a period of one year from the date of the delivery of this judgment,” the judge said in a judgment dated January 28, 2025.
This means that KNBS has up to January 28, 2026 to repeat the exercise in the affected areas.
Justice Onyiego further issued orders prohibiting constitutional bodies such as the IEBC, CRA, and the National Treasury from relying on or utilising in any other way Volume 1 of the published disputed 2019 KPHC results in sharing resources or determining boundary delimitation.
“Before a fresh mini-census exercise as directed above is conducted, the CRA, IEBC and the National Treasury shall continue to apply the published census results of 2009 in executing their respective mandates in respect of the affected areas or sub-counties,” said the judge.
He noted that the deployment of technology did not in any way jeopardise the outcome of the census.
Justice Onyiego explained that because the results were not verified through scrutiny, the only viable option was to quash them.
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