The Supreme Court has rejected an appeal lodged by Magarini Member of Parliament Harrison Kombe, who sought to contest the annulment of his August 2022 election triumph.
A five-judge panel, including Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko, and Mohammed Ibrahim, upheld previous rulings by the Court of Appeal and High Court, which identified significant errors, illegalities, and irregularities in the conduct of the polls as mentioned above.
In its decision announced on Friday, the Apex court determined that Kombe’s appeal lacked substance, thereby affirming the lower courts’ rulings.
“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. [112],” ruled the court.
“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 apex court further directed the Independent Electoral and Boundaries Commission (IEBC) to declare the seat of the Member of the National Assembly for Magarini Constituency vacant and proceed to conduct a by-election in accordance with the law.
“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,” the bench ruled.
In a judgment delivered on March 3, 2023, the High Court 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.
As a result, the election was declared null and void and the 2nd respondent was ordered to conduct a by-election in accordance with the law.
Aggrieved by the trial court’s ruling, Kombe moved to the appellate court which in a judgment rendered on 28th July 2023 dismissed the case on the grounds that it lacked merit.
Kombe had been declared the winner of the election after garnering 11,946 votes ahead of his closest contender who had secured 11,925 votes.
