The Supreme Court has nullified the August 9, 2022 election victory of Magarini Member of Parliament (MP) Harrison Kombe.
Three Judges of the Apex Court, Justices Smokin Wanjala, Njoki Ndungu and Mohammed Ibrahim Today ruled that Kombe, who ran on an ODM ticket, engaged in ballot stuffing and altering of election results.
The three Judge bench said they found no error in the determination of the Court of Appeal that 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.
“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.
Consequently, the judges ordered that IEBC shall forthwith 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.
