Five residents from Homa Bay county have sued to stop the census, saying there was no public participation.
Michael Kojo Otieno, Evance Oloo Otieno Gor, John Okambo Kisiara, Anthony Gaya Tindi and Daniel Otieno Onyango want the court to stop the state from carrying out any census activities in Homa Bay.
They argue that the Kenya National Bureau of Statics failed to adhere to the principles of recruitment and to provide information as requested.
“The administrative actions of the state, which have resulted in the hiring of persons who did not apply for various positions and serving public servants who are pensionable, is unconstitutional, null and void,” they argue.
The five say there are confusing state of affairs regarding the census which contravene the obligations of the state to be transparent and accountable.
They say some people who never applied to work in the exercise have been shortlisted.
“Serial No 194 of one Brian Langa who is a resident of Suba South of whom is related to National Intelligence Officer of Rachuonyo North who did not apply being that he is related to the intelligence officer who was a census committee member,” they claim.
They say some of those shortlisted to work in Homa Bay are not residents of Suba South and some are county government employees.
According to five, it is unconstitutional and therefore null and void for the state to commit the citizens of Homa Bay county to an illegal activity.
“The census exercise is a scandal of monumental proportions as it does not make economic sense at all and it does not represent the prudent use of resources as required by the constitution having carried a similar exercise in Huduma Number also,” reads court documents.
The residents say they are apprehensive that the state acted outside the law and secretly to achieve undisclosed collateral purpose in the census.
Edited by Josephine M. Mayuya
