In a landmark ruling, the High Court sitting in Garissa has nullified the 2019 population census results for Mandera, Wajir, and Garissa counties, citing grave irregularities that compromised data integrity. The ruling, delivered under Constitutional Petition No. 4 of 2020 as consolidated with seven other cases, comes after a four-year legal battle spearheaded by Hon. Abdullahi Bashir Sheik and 24 others against the Kenya National Bureau of Statistics (KNBS) and four other respondents.
The Court found that KNBS failed to uphold fundamental data accuracy standards, leading to inflated and unreliable population figures in the affected counties. Consequently, the judiciary has ordered a fresh census within a year, dealing a major blow to political and resource allocation frameworks that relied on the contested 2019 figures.
IMPACT: ELECTORAL AND RESOURCE ALLOCATION SHAKEUP
The ruling prohibits all constitutional bodies, including the Independent Electoral and Boundaries Commission (IEBC), from using the disputed census data for official purposes. This effectively disrupts:
- Electoral Boundary Reviews: The IEBC, which relies on census figures for constituency and ward delimitation, now faces a major hurdle in its 2025 boundary review process. Some constituencies in the affected regions risk being scrapped or restructured.
- Resource Allocation: The Commission on Revenue Allocation (CRA) and National Treasury will now be forced to revise county revenue sharing formulas, which are population-dependent.
- Political Dynamics: Leaders from North Eastern Kenya, who have previously defended the disputed numbers, are expected to challenge the ruling or push for rapid re-enumeration to safeguard their political influence.
REACTIONS: NORTH EASTERN LEADERS CRY FOUL
Political leaders from the affected counties have expressed outrage over the ruling, terming it a targeted attack on their communities. Speaking after the judgment, Mandera Governor Mohamed Khalif termed the ruling “a grave injustice that undermines the constitutional rights of North Eastern residents.”
“This is a deliberate move to disenfranchise us politically and economically. We will not allow our people to be treated as second-class citizens in their own country,” Khalif stated.
Wajir Senator Fatuma Juma warned of potential unrest if the government fails to act swiftly.
“This ruling risks sparking unnecessary tensions. The state must assure our people that their rightful representation and funding will not be compromised,” she cautioned.
NEXT STEPS: GOVERNMENT’S RESPONSE AWAITED
With the High Court directive for a fresh census, all eyes are now on the KNBS, Ministry of Interior, and the National Treasury to determine how and when the new enumeration will be conducted. The government has yet to issue an official response, but sources indicate that the Attorney General’s office may appeal the ruling or seek a stay order to delay immediate implementation.
Meanwhile, political analysts warn that the ruling could widen existing ethnic and regional rifts, as North Eastern leaders gear up for a legal and political battle to overturn the decision.
Stay with Channel 15 News for updates on this developing story.
[Link to the Judgment below] https://drive.google.com/file/d/10_NYcy70XIsfc5Jmu4am7YyrQun9YkKN/view?fbclid=IwY2xjawIG0YVleHRuA2FlbQIxMQABHWG0uOm7T7Fcqvj_vTftTus0rCxZ67FySR_O9Yn4eCKLqGlfdxTudi-6Cw_aem_eGYu41LDTrgFADbNAU_nVg
