In a hurry? Here’s a quick summary…
- The Supreme Court has dismissed Magarini MP Harrison Kombe’s appeal against the nullification of his August 2022 election victory, citing significant errors and illegalities.
- The Independent Electoral and Boundaries Commission (IEBC) has been directed to declare the Magarini Constituency seat vacant and conduct a by-election.
The Supreme Court has dismissed an appeal filed by Magarini Member of Parliament Harrison Kombe, who sought to challenge the nullification of his August 2022 election victory.
The five-judge bench, comprising Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko, and Mohammed Ibrahim, upheld the previous rulings of the Court of Appeal and the High Court, which found significant errors, illegalities, and irregularities in the election process.
In the verdict delivered on Friday, the Apex court ruled that Kombe’s petition lacked merit.
“In conclusion, we find no error in the determination of the Court of Appeal that the 1st respondent met the standard of proof thereby discharging the burden of proof and establishing that indeed there was non-compliance with the Constitution and the law or that the noted irregularities and illegalities did affect the final result, based on both limbs of Section 83 of the Elections Act,” the court stated.
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“For this reason, we find no merit in the appeal. It is hereby dismissed and for the avoidance of doubt, we affirm the judgment of the Court of Appeal.”
The Supreme Court further directed the Independent Electoral and Boundaries Commission (IEBC) to declare the Magarini Constituency seat vacant and to conduct a by-election in accordance with the law.
The directive specified, “Together with the directions on the declaration of the seat of the Member of the National Assembly for Magarini Constituency vacant and the direction to the 2nd respondent to conduct a by-election for Member of the National Assembly for Magarini Constituency in accordance with the law.”
Previously, on March 3, 2023, the High Court had declared that the election for the Member of the National Assembly for Magarini Constituency was not conducted in accordance with the Constitution and the law, rendering the election null and void and ordering a by-election.
Aggrieved by the trial court’s ruling, Kombe appealed to the appellate court, which, on July 28, 2023, dismissed his case for lack of merit. Kombe had initially been declared the winner of the election by a narrow margin, securing 11,946 votes compared to his closest contender’s 11,925 votes.