Supreme Court Upholds Nullification of Magarini MP Kombe’s Election, Orders By-election

The Supreme Court dismissed an appeal filed by Magarini Member of Parliament Harrison Kombe seeking to challenge the nullification of his August 2022 election victory.

Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko and Mohammed Ibrahim, upheld a Court of Appeal and High Court ruling that found that there were grave errors, illegalities and irregularities committed during the said polls.

The Apex court ruled that Kombe’s petition lacks 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. [112],” the judges said.

“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 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,” they ruled.

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 IEBC was ordered to conduct a by-election in accordance with the law.

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.