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Thursday, January 30, 2025

High Court Orders Fresh Census in Specific Counties After Disputed 2019 Results

The High Court has nullified the 2019 Kenya National Bureau of Statistics (KNBS) census results for Mandera, Wajir, and Garissa Counties, citing significant irregularities.

Garissa High Court Judge John Onyiego ruled that KNBS failed to uphold data integrity standards, leading to inaccurate population figures for the affected counties.

“The published results in Volume 1 of the 2019 Kenya Population and Housing Census (KPHC) concerning these areas are hereby cancelled,” declared Justice Onyiego.

The sub-counties affected 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 decision follows a lawsuit filed by leaders from the North Eastern region, spearheaded by the late Garissa Senator Yusuf Haji and Mandera Governor Ali Roba. The leaders accused KNBS of publishing inaccurate population figures and named the National Treasury, the Commission on Revenue Allocation (CRA), and the Independent Electoral and Boundaries Commission (IEBC) as co-respondents.

Fresh Census Deadline

Justice Onyiego directed KNBS to conduct a fresh mini-population census for the affected areas within a year, setting a deadline of January 28, 2026.

“A structural interdict order is hereby issued directing KNBS to carry out a new mini-population census for the affected areas within one year from the date of this judgment,” he ruled.

The court also prohibited constitutional bodies such as the CRA, IEBC, and the National Treasury from relying on the disputed 2019 census results for resource allocation or boundary delimitation. Instead, until a new census is conducted, these entities must revert to the 2009 census data.

Justice Onyiego clarified that the disputed results lacked verification through scrutiny. The Judge explained that nullifying them was the only viable resolution. He noted that the use of technology during the census process did not compromise the integrity of the outcome.

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