Five Homabay County residents have moved to court seeking to block Census from taking place in the County.
Michael Otieno , Evance Gor, John Kisiara, Antoney Tindi and Daniel Onyango want the court to prohibit Homa-Bay County Commissioner, Homa-Bay County Statistics officer, Attorney General and Kenya Bureau of Statistics from carrying out any activities with regard to census exercise in Homa-Bay County pending hearing and determination of the case.
They are also seeking that Homa-Bay County Commissioner and Homa-Bay County Statistics officer be compelled to provide information on the request made on 29th July, this year which was not responded to.
The five residents want the court to quash the census exercise and have termed it as unconstitutional , null and void.
Petitioners argue that the census exercise injures the public to the extent that Kenyans will be forced to pay for idle exercise and the country has no justification at the moment and for a long time to come for embracing the highly accountable exercise like census.
In their application they have termed the census exercise as 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 namba.
They are apprehensive that Homa-Bay County Commissioner and Homa-Bay County Statistics officer acted outside the law and secretly to achieve undisclosed collateral purpose in the exercise
They claim that unless the application is heard and determined the people of Homa-Bay will suffer a great loss as respondents will continue to abuse the rule of law.
The five claim that the administrative actions of the respondents have resulted to hiring of persons who did not apply for various positions and serving as public servants who are pensionable is unconstitutional , null and void.
“The recruitment exercise of persons to serve various positions should be within the ambit of strict adherence of the constitution and enabling laws in executing the exercise to the extent that persons who did not apply and do not have qualifications are listed as successful candidates”, say petitioners.