The High Court in Garissa has annulled the 2019 Kenya National Bureau of Statistics (KNBS) census results for Mandera, Wajir, and Garissa counties.
In his ruling delivered on Wednesday, January 29, Justice John Onyiego found that KNBS failed to uphold fundamental standards of data accuracy, resulting in erroneous population figures for the affected regions.
As such, the court issued an order quashing the census results for Mandera North, Mandera West, Banisa, Lafey, Mandera East and Mandera South constituencies, all in Mandera County.
The court also issued an order dismissing census results for Eldas, Tarbaj, Wajir West, Wajir East, and Wajir North constituencies in Wajir County as well as Balambala, Lagdera, Dadaab and Garissa Township constituencies in Garissa County.
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Additionally, the court declared that all previously published results in Volume 1 of the 2019 KNBS census for the affected counties are cancelled.
It also directed KNBS to conduct a fresh mini-population census for the affected regions within one year.
"That a structural interdict order be and is hereby issued directing the KNBS (1st respondent) 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 and Garissa Township sub-counties (constituencies) within a period of one year from the date of delivery of this judgment," Onyiego ruled.
The ruling explicitly prohibits all constitutional bodies, including the Independent Electoral and Boundaries Commission (IEBC), from using the disputed census figures for any official purposes.
"That an order of prohibition do and is hereby issued prohibiting the 2nd, 3rd and 4th respondents from relying on or in any other way from utilizing the disputed published 2019 KPHC results pursuant to Articles 215, 216 and 89 of the constitution in sharing and or determining boundary delimitation," Onyiego added.
Until a fresh mini-census is conducted, government agencies must continue applying the 2009 census results in executing their mandates.
"That before a fresh mini-census exercise as directed above is conducted, the 2nd, 3rd, and 4th respondents shall continue to apply the published census results of 2009 in executing their respective mandates with respect to the affected areas or constituencies," Onyiego concluded his ruling.
