June 13, 2024
ODM MP Loses Seat As Supreme Court Upholds Nullification Of His Election Ordering By-Election

ODM MP Loses Seat As Supreme Court Upholds Nullification Of His Election Ordering By-Election

The Supreme Court has denied an appeal filed by Magarini Member of Parliament Harrison Kombe challenging the nullification of his August 2022 election victory.

The five-judge bench, which included Justices Smokin Wanjala, Njoki Ndung’u, Isaac Lenaola, William Ouko, and Mohammed Ibrahim, upheld a Court of Appeal and High Court decision that found major errors, illegalities, and irregularities during the polls.

In its decision on Friday, the Supreme Court concluded that Kombe’s case lacks validity.

“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 Supreme Court further urged the Independent Electoral and Boundaries Commission (IEBC) to declare the seat of the Member of the National Assembly for Magarini Constituency vacant and hold a by-election in conformity 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. 

The High Court ruled on March 3, 2023, that the election for the Member of the National Assembly for the Magarini Constituency did not follow the Constitution and the legislation.

As a result, the election was deemed null and unlawful, and the second respondent was directed to hold a by-election in line with the law.

Dissatisfied with the trial court’s decision, Kombe filed an appeal with the appellate court, which dismissed the case on July 28, 2023.

Kombe was proclaimed the winner of the race after receiving 11,946 votes more than his nearest competitor, who received 11,925 votes.

ODM MP Loses Seat As Supreme Court Upholds Nullification Of His Election Ordering By-Election

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