The High Court in Garissa has ordered the Kenya National Bureau of Statistics (KNBS) to conduct a fresh census in Mandera, Wajir, and Garissa counties, following a ruling that nullified the 2019 population results for these regions.
Delivering the judgment on Wednesday, January 28, Justice John Onyiego ruled that KNBS failed to uphold data integrity standards, leading to inaccurate population figures in the affected areas. The court found glaring irregularities in the 2019 census, warranting a repeat population count within one year.
Justice Onyiego specifically nullified census results for the following sub-counties:
Mandera County – Mandera North, Mandera South, Mandera East, Mandera West, Lafey, and Banisa
Garissa County – Balambala, Lagdera, Dadaab, and Garissa Township
Wajir County – Eldas, Tarbaj, Wajir West, Wajir North, and Wajir East
The court further directed that, until KNBS conducts a fresh population count, data from the 2009 census will remain in use for official purposes.
The High Court’s ruling bars constitutional bodies, including the Independent Electoral and Boundaries Commission (IEBC), from using the disputed census figures in electoral planning and boundary reviews. Additionally, the National Treasury and the Commission on Revenue Allocation (CRA) are prohibited from referencing the nullified 2019 census data in resource allocation.
“The second, third, and fourth respondents are hereby prohibited from relying on or utilizing the disputed 2019 Kenya Population and Housing Census (KPHC) results under Articles 215, 216, and 89 of the Constitution,” the court ruled.
The case was brought before the court by several leaders from the three counties, led by Senator Yusuf Haji, who challenged the 2019 census results.
The petitioners argued that KNBS had deliberately manipulated the data, significantly underreporting their population figures. They claimed this negatively impacted resource allocation, political representation, and development projects in the region.
In its defense, KNBS Director General McDonald George told the court that the 2019 census process was based on international benchmarking. However, he admitted that a post-census evaluation survey was not conducted due to financial constraints.
He further explained that the 2009 census had recorded inflated population figures in the Northeastern region, prompting adjustments in 2019 through a smoothing process. Despite this, KNBS maintained that the 2019 census figures were accurate.
With the ruling now in effect, KNBS has one year to conduct a mini-census in the affected regions. The new population data will be critical for resource allocation, boundary delimitation, and national planning.
