The Supreme Court has issued an injunction prohibiting the IEBC from declaring vacant the position of Member of the National Assembly for Magarini Constituency.
The order shall be in force pending an appeal lodged by Harrison Kombe.
Harrison Kombe’s Victory in 2022 election was contested before the High Court by former Kilifi Deputy County Speaker Karisa Kenga who lost the election citing illegalities.
The High Court after hearing the matter nullified his win citing malpractices in the Election.
He appealed the High Court’s decision before the Court of Appeal where the Appellate Court in July upheld Kombe’s nullification setting the motion for a by election in Magarini constituency.
Justice Alfred Mabeya who handled the petition and nullified his win cited massive irregularities including ballot staffing and exchange of votes during the August 9 elections.
He then moved to the Supreme Court which has since temporarily halted the appellate court’s decision.
“In our view, and in light of the facts and arguments here, we find that the appeal is arguable and not time-wasting,” said the Supreme Court Judges.
Kombe in his appeal argues that the decision of the two other courts is flawed.
He has faulted the Appellate Court for affirming the nullification of his victory despite finding that the irregularities were mostly minor and did not affect the outcome of the results.