In a landmark ruling, the High Court has declared the 2019 Census report unconstitutional for the North Eastern region, citing significant discrepancies in the population data that could negatively impact national planning and democratic processes. The court’s decision, delivered yesterday in Garissa High Court Petition No. 4 of 2020, has ordered a mini-census to be conducted in Mandera, Garissa, and Wajir counties to rectify the inaccuracies.
The petitions, which challenged the accuracy of the 2019 Census data, argued that the report drastically underrepresented the population of the North Eastern region, thus skewing vital decisions related to resource allocation, electoral boundaries, and the democratic franchise. The petitioners contended that the erroneous data could deprive citizens in the region of their fair share of national resources and disenfranchise them in the electoral process.
The High Court concurred, stating that inaccurate census data undermines the ability of the National Treasury, the Commission on Revenue Allocation (CRA), and the Independent Electoral and Boundaries Commission (IEBC) to perform their constitutional duties effectively. The court stressed that demographic distribution directly influences the division of public resources, as well as the determination of electoral units and boundaries.
President of the Law Society of Kenya, Faith Mony Odhiambo, commented on the ruling, expressing her support for the decision and highlighting the importance of accurate census data in ensuring equitable development and democratic representation. "The judgement is a welcome reprieve for the North Eastern region, which has historically been marginalized in terms of resource allocation. It reaffirms the need for transparency and accountability in state agencies tasked with critical national functions," she said.
The court's judgment also addressed the issue of transparency and accountability in the collection of census data. During the proceedings, it emerged that the Kenya National Bureau of Statistics (KNBS) had refused to allow scrutiny of the census data, despite a court order to do so. The court found this refusal to be a violation of constitutional principles, particularly the requirement for public agencies to uphold transparency and facilitate scrutiny of information that significantly impacts the public interest.
In its ruling, the court made an adverse inference against KNBS, suggesting that the agency’s refusal to comply with the court order indicated the presence of anomalies in the final census report. Noting the drastic reduction in the population figures between the 2009 and 2019 censuses, the court ultimately declared the 2019 report erroneous and directed that the 2009 data be used for official purposes in the affected counties until the new census is conducted.
This ruling is a crucial step toward addressing the longstanding inequities faced by the North Eastern region, where inaccurate data has perpetuated the marginalization of its people. The court's decision also reinforces the principle that state agencies must operate with the highest levels of accountability and transparency, especially when their actions have profound consequences for the public.
The court's directive for a mini-census in the affected counties is expected to ensure that the population data is corrected, enabling fairer representation and a more accurate distribution of resources in the future.
