By Peter Ochieng
The Supreme Court has ordered the Independent Electoral and Boundaries Commission (IEBC) to declare the Magarini Member of Parliament (MP) seat vacant.
On Friday, Supreme Court judges nullified the August 9, 2022 election of area MP Harrison Kombe, who was declared winner on the Orange Democratic Movement (ODM) party ticket.
Supreme Court’s five-judge bench, comprising of 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.
“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].”
“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, 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 judges ruled.
The embattled Kombe was accused of having engaged in ballot stuffing and altering of election results, in a petition filed by United Democratic Alliance (UDA) Party’s Stanley Kenga. The High Court ruled in favour of Kenga, before Kombe filed an appeal at the Court of Appeal.
The Court of Appeal concurred with the High Court’s ruling, before he decided to play his last card at the Supreme Court. The apex court’s ruling signals the end of his appeal mechanisms.
Kombe got 11,946 votes against Kenga’s 11,925. Harrison Kombe first served as Magarini MP for two terms, from 2007 to 2017.’
He becomes the first MP to lose his seat through a judicial process since 2022.