Supreme Court delivers a decisive blow to Magarini MP Harrison Kombe by upholding the nullification of his election, mandating a by-election.
The panel of five justices, including Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko, and Mohammed Ibrahim, affirmed the decisions of both the Court of Appeal and High Court, citing significant errors, illegalities, and irregularities during the election process.
In its ruling announced on Friday, the Supreme Court concluded that Kombe’s petition failed to meet the required merit.
“We find no error in the determination of the Court of Appeal. 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. Additionally, the noted irregularities and illegalities did affect the final result, based on both limbs of Section 83 of the Elections Act,” the Supreme Court ruling stated.
The ruling stated that they found no merit in the appeal and proceeded to dismiss it. They further affirmed the judgment of the Court of Appeal for clarity.
“In addition to directing the declaration of the seat of the Member of the National Assembly for Magarini Constituency as vacant, we instruct the 2nd respondent to conduct a by-election for the Member of the National Assembly for Magarini Constituency by the law.”
On March 3, 2023, the High Court’s verdict pronounced that the election process for the Member of the National Assembly for Magarini Constituency did not align with constitutional and legal requirements.
Kombe emerged as the victor of the election, receiving 11,946 votes, surpassing his closest opponent who managed to secure 11,925 votes.
