Fresh census ordered as court nullifies Mandera, Wajir, Garissa population data
Until the new census data becomes available, the court ordered that the 2009 census results continue to be used for constitutional functions.
The Garissa High Court has annulled the 2019 Kenya National Bureau of Statistics (KNBS) census results for Mandera, Wajir, and Garissa counties, citing significant irregularities in the process.
Justice John Onyiengo quashed results for Mandera North, Mandera South, Mandera East, Mandera West, Lafey and Banisa sub-counties in Mandera County by the KNBS.
Onyiengo also cancelled the results for the same exercise in Eldas, Tarbaj, Wajir West, Wajir North and Wajir East sub-counties of Wajir County.
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The same exercise was cancelled in almost all sub-counties of Garissa County including Balambala, Lagdera, Dadaab and Garissa township.
The court's ruling prohibits all constitutional bodies from relying on the contested 2019 census data in executing their mandates.
The court also directed that a fresh census be conducted within one year of the judgment.
Until the new census data becomes available, the court ordered that the 2009 census results continue to be used for constitutional functions.
Governors and Members of the Parliament from the three counties led by the late Senator Yusuf Haji had sued the KNBS, National Treasury and Planning, Commission for Revenue Allocation (CRA) and the Independent Electoral and Boundaries Commission (IEBC) to have the results nullified by the court.
"An order of prohibition is hereby issued prohibiting National Treasury, CRA, and IEBC from relying on or in any other way utilizing the disputed published 2019 KPHC results pursuant to Article 215, 216 and 89 of the constitution in sharing and or determining boundary delimitation," stated justice Onyiengo.
"That before a fresh mini census as directed above is conducted, (the National Treasury, CRA and IEBC) shall continue to apply the published results of census 2009 in executing their respective mandates in respect to the affected areas or constituencies."
They successfully argued before the court that the figures captured by the KNBS were not a true reflection of the actual enumerated population on the ground.
CRA had during the hearings admitted that it has been using the 2009 enumerated results in revenue allocation between 2013 and 2019.
The IEBC also disclosed that it used the 2009 census results to create additional constituencies in the Northern region during the 2013 boundaries review exercise.
"During the pendency of implementation of the mini-census exercise, the published census results of 2009 shall be utilised by any government department or institutions among them the (Treasury, CRA and IEBC) during implementation or execution of their duties or mandates," stated the judge.
KNBS had declined to allow access to its data storage – servers during the hearing after the high court issued orders for the same to allow scrutiny of the servers to verify the alleged discrepancies in the figures.
2019 data
The 2019 Kenya Population and Housing Census, released on November 4, 2019, reported a population of 47.6 million, with women slightly outnumbering men. The census indicated a population increase of nine million since the previous exercise in 2009.
According to KNBS, the census, conducted from August 24 to 31, 2019, with a mop-up operation on September 1 and 2, was deemed successful. It revealed varying population figures across the country’s counties.
Garissa County’s census reported a population of 841,353, with a density of 19 people per square kilometre. The county recorded 458,975 males, 382,344 females, and 34 intersex individuals. The population was predominantly Somali, including subgroups such as the Ogaden, Ajuran, and Degodia.
Wajir County recorded a population of 781,263, with an average household size of 6.1, significantly higher than the national average of 3.9. Females accounted for 47% of the population, 65% of the population lacked formal education, only 3% had completed secondary education, and 34.7% were employed, far below the national average of 48.61%.
Mandera County’s census reported a population of 867,457, reflecting a 15.4% decline compared to the 2009 census.
In contrast, populous counties like Nairobi, Nakuru, and Kiambu recorded populations of 4,397,073, 2,162,202, and 2,417,735, respectively, with more balanced gender distributions where females slightly outnumbered males.
Some of the least populous counties included Lamu, Isiolo, and Samburu, with Lamu recording the smallest population of 143,920.
The 2019 census was Kenya’s eighth population and housing census and the first to be fully paperless, employing mobile technology for data collection. It adhered to United Nations guidelines for the 2020 census round under the theme “Counting Our People for Sustainable Development and Devolution of Services.”
On November 7, 2019, KNBS Director General Zachary Mwangi defended the credibility of the census results amidst criticism from leaders across various regions.
Mwangi clarified that individuals were counted where they were located on the census night, not based on their usual residences, counties, or constituencies.
“We counted people where we found them, not where they live. My assurance is that the census was credible. We followed internationally agreed principles and recommendations for conducting a population and housing census,” Mwangi said.
However, leaders from regions such as Tharaka Nithi, North Rift, and North Eastern counties disputed the results, arguing that they did not reflect the reality on the ground and that many constituents were excluded due to insecurity.
Garissa Township’s then-MP, Aden Duale, now the Environment Cabinet Secretary, criticised the census for contradicting KNBS data from 2009, particularly on population growth.
“There was no population growth indicated,” Duale remarked at the time.
Mwangi explained that population changes—whether growth or decline—are influenced by factors such as fertility, mortality, and migration. He pledged to engage with the leaders to provide clarity on the findings.
“We are engaging with our leaders so that they can give us time to explain because it’s a matter of providing clarity on what we have done,” Mwangi added.
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