Court voids use of adjusted census figures to distribute resources in counties

The High Court in Nairobi has quashed the decision by the Kenya National Bureau of Statistics to use adjusted census figures for the purposes of determination of the sharable resources for the financial year 2017/2018.

The court ruled that using the adjusted figures violates the right of the residents of Mandera, Wajir and Garissa Counties to equal protection and benefit of the law under Article 27 of the constitution.

High Court Judge John Mativo ruled that the recommended census result by the NBS to the Commission for Revenue Allocation for the year 2017/2018, does not reflect the true population of the three counties.

“I hold that the decision complained of was totally unjustifiable, it is not proportionate and offended the constitution,” he ruled.

In the case, the three counties moved to court to challenge the decision by the Kenya National Bureau of Standards arguing that the reduction in revenue for these counties is significant, especially because the Division of Revenue Bill uses parameters set by the Commission of Revenue Allocation to determine how much money should be given to each of the 47 counties, with the most significant parameter being population size that accounts for 45 per cent of the criteria for sharing revenue.